Popular  (jovemment 


A  NEW  AND  SIMPLE  PLAN 


MAKING  OUES  EFFECTIVELY  A  GOVEENMENT  "OF  THE 

PEOPLE,  BY  THE  PEOPLE,  AND  FOR  THE  PEOPLE;" 

PE ACTIO AL  IMPEOVEMENTS  FOE  HOLDING 

CONSTANTLY  DETEEMINED  WHO 

AEE  THE  PEOPLE  ; 


EFFECTIVE     METHODS 


FOE  OBTAINING   LEGAL   EXPKESSIONS  OF  THEIR  BEST   INTELLIGENCE. 
JUDGMENT,  AND  WILL,  IN  ALL  PUBLIC  MATTEES. 


BY  JOSIAH  RILEY  AND  W.  S.  ROSECRANS. 


SAN    FEANCISCO: 

8KELT0N  AND  COMPANY,  BOOK  AND  LAW  PRINTERS, 
■4    ft    2  Q         8.^.  Cor.  Montgonitiy  and  Commercial  St8. 
^    '^         ^  ^  ISVB. 


POPULAR  GOYEPvNMENT 


A  NEW  AND  SIMPLE  PLAN 


MAKING    OURS    EFFECTIVELY  A  GOVERNIMENT     "OF    THE 

PEOPLE,  BY  THE  PEOPLE,   AND  FOR  THE  PEOPLE;" 

PRACTICAL  IMPROVEMENTS  FOR  HOLDING 

CONSTANTLY    DETERMINED    WHO 

ARE  THE  PEOPLE  ; 


EFFECTIVE     METHODS 


FOE  OBTAINING   LEGAL  EXPEESSIONS  OF  THEIR  BEST   INTELLIGENCE, 
JUDGMENT,  AND  WILL,  IN  ALL  PUBLIC  LIATTEES. 


BY  JOSIAH  RILEY  AND  W.  S.  ROSECllANS. 


SAN    FRANCISCO: 

BKELTON  AXT)  COMPANY,  BOOK  AND  LAW  PRINTERS. 
S.  AV.  Cor.  Montyouieiy  and  ComiiKTcial  Sts. 

isva. 


Entebed,  according  to  Act  of  Congress,  in  the  year  1878,  by  Josiah  Eiley  and  W.  S. 
KosECKANs,  in  the  office  of  the  Libi-arian  of  Congress,  at  Washington. 


STEEEOTYPED  AT 

PAINTER  &  GO'S  TYPE  FOUNDRY, 
610  Clat  St.,  San  Fbascisco. 


TO    THE 

PEOPLE  OF  THE  UNITED  STATES. 


Feixow  CmzEKs:  The  following  Memorial,  and  subjoined  Act,  are  the  result  of  the  labors  of  the 
undersigned,  and  of  a  patriotic  son  of  an  old  New  England  family,  who  for  eleven  years  was  editor 
and  proprietor  of  the  "  Toledo  "  (Ohio)  "Daily  Commercial." 

The  design  has  been  to  reduce  to  ijractical  form  ideas  of  improvements  in  the  working  of  our  po- 
litical  system,  which,  for  j-ears,  Mr.  Kiley  had  been  revolving. 

To  arrest  existing  and  prevent  impending  evils  in  State  and  national  politics,  requires  something 
more  efficacious  than  philosophical  discussions  of  their  causes.  Party — that  "  natural  enemy  of  the 
Constitution,"  business  preoccupations,  natural  re.sistance  to  change  of  habit,  disinclination  to  un. 
dertake  anything  new,  and  the  interests  of  hosts  of  ijolitical  speculators  and  isarasites  are  formidable 
obstacles  to  reform. 

To  overcome  them  requires  the  combined  intelligence  and  will  of  all  patriotic  citizens.  To  secure 
this  combinatioQ,  by  saying  the  most  in  the  fewest  words,  it  was  thought  best  to  embody  the  ideas 
in  a  Memorial  to  the  State  Legislature,  asking  the  enactment  of  sx^ecified  law,  which,  without  in. 
terrupting  regular  municipal  and  political  life,  would  be  thoroughly  and  immediately  effective. 

The  Act  was  first  adapted  for  the  State  of  Nevada,  as  still  appears  in  the  text. 

But,  to  bring  the  formative  principles  it  embodies  as  early  as  possible  before  the  people  of  every 
State  in  the  Union  without  waiting  first  to  present  it  in  Nevada,  it  was  decided  to  print  the  Act  and 
Memorial  in  a  general  form,  adapted  to  the  use  of  the  people  of  any  State  who  believe  in  the  prjnci. 
pies,  and  are  desirous  of  having  them  carried  into  practice  by  legislation. 

General  and  xiublic  discussion  of  these  priuciples  is  earnestly  invoked. 

Objections,  more  or  less  well  founded,  to  many  details  of  the  Act  will  doubtless  arise.  In  antjci- 
jiation  of  such  it  is  emphatically  declared  that  no  attempt  was  made  to  attain  perfection  in  these, 
either  in  form,  diction,  or  substance. 

The  aim  has  been  to  frame  the  substance  of  a  law,  which,  without  regard  to  existing  State  consti- 
tutional and  statutory  provisions,  would  effectively  carry  into  action  the  theory  upon  which  rest  all 
our  State  governments,  and  to  leave  the  esjiecial  adaptations  of  the  State  laws  and  needful  modifica- 
tions to  be  the  work  of  time  and  experience. 

Respecting  objections  that  may  be  hastily  suggested  to  apparent  complication  and  expense,  under 
the  proposed  system,  the  vmdersigned  earnestly  conjures  every  citizen  who  loves  his  coTUitry  to  con- 
aider: 

1.  'What  and  how  greatly  desirable  are  the  changes  it  will  work  in  our  practical  politics. 

2.  That  where  government  rests  in  the  will  of  the  people,  no  expense  needful  to  assure  the 
best  and  most  certain  legal  expressions  of  that  will  should  be  spared. 

A^Tiatcver  free  government  and  good  laws  are  worth  should  be  freely  paid. 

If  we  are  to  have  a  government  of  the  people,  there  should  be  no  hesitation  about  paying  all  need- 
ful costs  of  ascertaining  and  keejiing  constantly  defined  who  are  the  people;  and  to  have  ready  cheap 
and  convenient  ways  of  eliciting  legal  expressions  of  their  best  intelligence,  judgment  and  will. 

y.  If  all  the  money,  public  and  private,  spent,  and  the  time  lost  annually  under  the  i^resent  system, 
go  to  secure  but  a  shadow  of  the  popular  will,  how  much  should  be  freely  spent,  if  required,  to  ob. 
tain  its  substance,  as  provided  for  under  the  proposed  Act. 

But,  under  the  new  system,  electors  may  perform  all  their  duties  much  more  effectively,  at  much 
less  cost  of  time  and  money  to  themselves,  and  probably  no  more  to  the  State.  It  is  believed  that 
the  annual  cost  per  vote  will  be  less  than  one-half  that  now  required. 

4.  That  simply  by  legislative  (iiactiuent,  with  a  few  consequent  modifications  of  its  existing  laws, 
these  new  and  beneficial  methods  can  go  infn  operation  in  any  State  without  material  change  or  shock 
to  the  existing  course  of  things,  and  without  interfering  with  any  party  organizations, 

W.  S.  EOSECEANS, 
Geakd  Hotel,  San  Fraxcisco,  January,  1878, 


272328 


PREFACE. 


A  vagiie  uneasiness  about  the  future  of  oiir  country  is  creeping  over  the  minds  of  our 
sturiliest  patriots.  It  aflt'ects  all  classes  throughout  the  Republic.  We  have  been  a  na- 
tion for  over  a  hundred  years,  and,  every  day  of  that  century,  have  been  singing 
hymns  to  the  Goddess  of  Liberty ;  and  yet  there  is  the  growing  conviction  of  an  unex- 
pected discrejiaucy  between  the  boldness  of  our  political  platforms  and  the  feebleness 
of  our  i^raetical  results.  The  tree  of  Liberty  is  still  magnificent;  but  its  fruit  is  a 
little  too  sour. 

This  discrepancy  shocks  and  benumbs  the  hopes  of  the  strong,  inspires  ordinary 
minds  with  doiibts,  and  takes  the  edge  from  all  efforts  for  practical  reformation  in  pol- 
itics and  government. 

Kor  are  these  doubts  of  the  success  of  popular  government  confined  to  a  few  educated 
minds,  or  to  large  capitahsts.  Intelligent  agricixlturists,  manufacturers,  artisans,  and 
laborers  of  all  classes,  share  therein.  They  hear  themselves  called,  by  cajoling  poli- 
ticians, the  "sovereign  people,"  and  know  that  the  i^hrase  is  a  mockery.  They  know 
that  it  ought  not  to  be  so,  and  yet  are  yearly  outraged  by  the  fact,  that  neither  their  in- 
telligence nor  will  has  much  part  in  dictating  our  representatives  or  rulers,  or  in  making 
the  laws  regarding  their  own  or  the  public  welfare. 

The  effects  of  these  pervading  and  contradictory  beliefs  and  experiences  on  the  fu- 
ture of  our  country  can  be  only  evil,  and  that  continually;  and,  unless  aixested,  must 
can-y  us  from  bad  to  worse  with  accelerating  speed. 

We  believe  that  these  effects  can  and  must  be  stopped,  and  their  cause  removed,  and 
appeal  to  every  true  American  to  help  do  it. 

The  following  Memorial,  with  the  ajjpended  Act  and  exi^lanations,  exempUfies  how 
it  can  be  done.  It  is  proposed, — not  as  a  political  essay,  nor  yet,  as  a  masterjiiece  in 
form  or  matter,  but — to  intelligent  freemen,  as  a  certain,  simple  and  efficient  way  of 
j)utting  the  elective  franchise  where  it  really  belongs,  according  to  the  theory  of  our 
government,  and  keeping  it  there  in  vigorous  operation. 

It  assumes  that  ours  must  be  a  government  of  the  people,  by  the  people,  and  for  the 
people,  and  proceeds  to  provide  legal  and  convenient  ways  of  reducing  the  theory  to 
practice. 

It  appeals  to  the  common  sense  and  free  instincts  of  all  citizens,  especially  to  those 
who  have  the  most  sense  and  the  least  say  under  the  existing  system. 

If  the  i^roposed  law  can  be  carried  into  effect,  and  its  future  secured  by  constitutional 
provisions,  as  suggested,  we  shall  have  such  easy  and  convenient  means  of  obtaining  le- 
gal expressions  of  the  intelligence,  judgment  and  will  of  our  political  people — the  elect- 
ors— as  to  assure  us  in  practice  the  government  of  our  theoretical  choice. 

We  appeal  to  all  citizens  and  associations,  to  teachers  and  students,  and  all  who  are 
willing  to  labor  for  the  common  weal,  and  to  all  voters  .whose  necks,  from  year  to  year, 
iinwilUngly  bend  beneath  the  yoke  of  party  tyranny,  to  take  a  hand  in  this  work. 

Circulate  the  Memorial;  discuss  its  principles;  bring  it  up  in  your  societies  and  clubs. 
Get  the  jiress  to  aid,  and,  as  soon  as  possible,  bring  it  forward  and  secure  the  necessary 
legislation. 

ELECTOES. 
S-iK  Feanx'Isco,  December,  1877. 


MEMORIAL. 


To  the  Honorable,  tlie  Legislature 
of  the  State  of_ 


Most  of  mankind  have  been  and  now  are  governed  by  "legal  minori- 
ties." Our  government  is  based  on  tlie  alternative  princiiole  that  "the 
majority  shall  rule  through  legal  forms."  To  that  princij^le  we  are 
irrevocably  committed  by  the  general  convictions  of  our  people  and  by 
the  impossibility  of  changing  it  without  destructive  revolution.  Wedded 
to  it,  "  for  better  or  for  worse,"  by  "  love  and  aff'ectiou,"  no  less  than  by 
the  law  of  our  growth,  it  is  the  bounden  duty  of  every  citizen  to  use  all 
diligence  to  secure  to  present  and  transmit  to  coming  generations  the 
best  possible  government  "  of  the  people,  by  the  p)eopAe  and /b?*  the  jyeople." 
From  this  duty  no  discouragements  can  dispense;  nor  shams,  frauds  or 
abuses  in  practical  politics  exempt  him.  He  must  sternly  examine  into, 
judge,  denounce  and  avail  of  every  practical  means  to  extirjDate  them. 

Your  Memorialists  firmly  believe  in  the  princiiole  that  government 
should  be  "  of  the  people,  by  the  people,  and  for  the  people,"  and  that 
as  citizens  they  are  obliged  to  put  it  into  practice.  They  also  think, 
that,  making  due  allowance  for  the  vitalizing  and  unifying  effects  of  our 
rivers  and  railways,  and  the  general  ownership  of  property,  the  war  of 
the  rebellion  tested  its  strength  in  a  manner  seldom  paralleled  in  history, 
and  that  its  triumph  is  a  demonstration  cf  its  soundness  and  practica- 
bility. They  believe  that  present  practices,  which  our  citizens  recognize 
as  evil,  and  the  greater  mischiefs  their  continuance  threatens,  are  not  due 
to  our  fundamental  princii^le.  They  respectfully  invite  your  attention  to 
some  of  the  worst  of  these  evils,  in  order  to  ask  you  to  enact  laws  which 
they  think  will  promptly  mitigate  and  finally  extirpate  the  most  of  them. 

The  prominent  feature  in  our  "  government  of  the  people"  is,  that  it  is 
"  by  representatives  and  through  legal  forms."  The  working  points  in  it 
are  the  suggestion,  selection  and  election  of  representatives,  and  the 
mode  of  effectually  ensuring  that,  while  acting  as  such,  they  really  repre- 
sent the  i)ublic  intelligence,  the  public  conscience,  and  the  public  Avill. 
Unless  we  can  at  least  approximate  to  this,  our  theory  evidently  fails, 
and  like  all  shams,  must  produce  fruit  of  its  own  kind. 

What  is  our  pretierit  pn'acltce  ?  We  have  no  means  provided  by  law  for 
suggesting  candidates,  nor  for  selecting  them,  without  which  they  cannot 
be  intelligently  chosen  by  electors  who,  individually,  cannot  know  them 


2  MEMORIAL. 

or  cominaiiil  time  nnd  data  to  canvass  their  merits.  Througli  lack  of 
Bucb  le-^ul  means  electors  gradually  and  against  their  true  interests 
have  been  driven  to  accept  of  such  aids  as  parties,  by  their  caucus  sys- 
tems, have  found  it  their  interest  to  provide. 

These  parties  now  think  and  boldly  tell  the  people  of  this  great  Ee- 
jniblic — "  You  cannot  select  candidates,  nor  induce  j'our  electors  to  per- 
form their  civic  duties,  without  the  means  and  appliances  which  -we 
control.  ^Ve  present  you  our  platform  of  professed  princijiles,  ofi'er  our 
guarantees  and  pi'oposo  to  administer  your  government,  which  you  are 
incapable  of  managing,  on  condition  that  you  will  place  at  our  disposal 
all  its  otHces  and  emoluments." 

Seeing  no  legal  help,  i-eluctantly  and  resistently,  for  the  last  sixty 
years,  electors  have  gradually  acquiesced  in  this  humiliating  i:)roposition, 
until  now,  while  every  freeman's  instinct  recalcitrates  against  it,  we 
have,  in  practice,  "  a  government  of  party ,  for  j^cirty ,  and  by  jiarty."  Let 
us  now  enumerate  some  of  the  fatal  results. 

First— Public  faith  in  free  government  is  undennined  by  the  assertion 
that  the  people  can  only  govern  when  organized  into  a  party  instead  of  a 
body  politic,  backed,  as  this  is,  by  the  actual  practice  that  ours  has  be- 
come one  of  party,  and  that  opposing  parties  have  no  principles  or  rights 
which  the  dominant  one  is  bound  to  respect. 

Secoxd — Our  2''ublic  legislation  has  given  us  innumerable  crizde  and 
often  conflicting  laws;  loaded  us  with  debts,  municipal,  state  and  national, 
large  percentages  of  which  are  the  results  of  ignorance,  recklessness  of 
responsibility,  and  corruption  in  expenditures. 

Third — It  has  burdened  us  with  direct  and  indirect  taxation  almost  too 
great  to  be  borne,  even  by  a  people  full  of  life  and  energy,  blessed  with 
the  i-iches  of  a  still  virgin  soil,  unrivalled  timber  and  mineral  resources, 
and  continually  reinforced  by  a  strong  influx  of  vigorous  and  trained 
industrial  immigrants  from  other  civilized  countries.  Our  taxation  per 
centum  is  believed  already  to  exceed  that  under  any  European  monarchy. 

Fourth — Public  offices  are  generally  bestowed  as  rewards  for  personal 
and  partisan  sei^ices,  and  administered  with  the  primary  object  of  main- 
taining personal  and  partisan  ascendency,  and  are  multiplied  to  pension 
jDarty  servants. 

Fifth — Eveiy where  large  sums  are  paid  to  secure  public  offices  of 
moderate  salaries,  in  expectation  of  regaining  the  monej^,  with  compouiid 
interest,  indirectly  and  by  ways  unknown  to  the  toilers  and  taxpayers, 
out  of  whom,  jSnally,  it  must  come. 

Sixth — During  election  campaigns  immense  amounts  are  expended  to 
disseminate  partial,  erroneous  and  false  information,  designed  to  obfus- 
cate and  ensnare  the  jDublic  judgment,  and  to  buy  the  votes  of  those  who 
care  little  Avho  rules — all  with  the  firm  determination  that  the  amounts 
shall  be  gotten  back  out  of  the  people. 

Seventh — To  all  this  fearful  amount  of  i-esulting  secret  taxation  and  of 
voluntaiy  contributions  levied,  must  be  added  the  losses  to-  the  business 
and  industiies  of  the  people,  by  frequent  changes  in  offices  and  the  in- 
evitable inexperience  and  personal  venality  of  many  of  the  officers,  arising 
therefrom. 

Eighth — The   frec[uent  arraying  of   all  partisan  electors  into  hostile 


MEMORIAL.  3 

camps  among  whom,  tlius  arraved,  the  desire  of  triumpli  dominates  all 
others,  and  drowns  the  voice  of  reason  and  conscience  to  snch  degree 
that  means  and  practices  are  used  without  scruple  to  ensure  success, 
which,  employed  to  obtain  goods  or  money,  would  be  held  infamous  in 
jDrivate  life  and  punished  as  felonies  under  the  law. 

Ninth — The  lowering  of  the  general  character  of  all  grades  of  public 
officials,  which  is  now  commonly  i-ecognized  as  inferior  to  that  of  em- 
ployees occujjying  positions  of  corresponding  importance  and  responsibil- 
ity in  private  and  corj^orate  business.  Everywhere,  of  late  years,  in  spite 
of  increased  diffusion  of  education,  this  lowering  has  been  going  on 
with  accelerated  speed,  and  proves  the  existence  of  a  permanent  and 
radical  cause,  which,  if  not  removed,  will  soon  undermine  general 
respect  and  confidence  in  the  integrity  of  the  public  service,  which  ought 
to  stand  as  much  higher  than  private,  as  the  body  politic  is  greater  and 
more  lasting. 

These  are  a  few  of  the  universally  acknowledged  evils,  the  effects 
of  which  are  so  fearfully  manifest  throughout  the  Eeijublic.  Your  Memo- 
rialists abstain  from  enumerating  the  minor  outgrowths  with  which  the 
press  daily  teems.  These  evils  have  all  grown  with  our  growth  and 
strengthened  with  our  strength.  Evidently  they  must  be  due  to  some 
great  and  general  cause.  But  no  matter  what  that  cause,  as  we  have 
seen,  citizens  are  bound  to  oppose  and  extirpate  them,  or  allow  free  gov- 
ernment to  descend  the  grade  of  universal  corruj)tion,  license  and  anar- 
chy, toward  final  despotism. 

To-day  the  laws  which  control  this  state  and  nation,  with  all  their  great 
and  manifold  interests,  grow  out  of  primaries  and  conventions,  as  as- 
suredly as  the  plant  from  its  seed.  As  already  said,  hitherto  these  ger- 
minating points  have  not  been  under  public  control,  nor  managed  in  the 
i^ublic  interest.  They  are  controlled  and  operated  by  individuals  for  per- 
sonal and  partisan  ends  and  to  benefit  the  wire-pullers  and  leaders,  to  the 
exclusion  of  the  general  public  and  all  outside  of  their  ring. 

The  resulting  nominations  are  the  legitimate  fruit  of  this  evil  tree. 
They  are  seldom  the  fittest,  and  often  the  worst,  for  the  public  service. 
And  yet,  under  existing  methods  electors  are  compelled  to  support  them 
or  throw  away  their  votes. 

Your  Memorialists  boldly  admit  that  these  e\'ils  are  due  to  a  general 
cause,  and  as  boldly  avow  their  belief  that  this  general  cause  does  not 
lie  in  the  nature  of  our  principle  nor  of  the  institutions  founded  thereon. 
They  not  only  believe  that  the  legitimate  end  of  human  government  is 
"  the  good  of  the  governed,"  but  that  the  majority,  rather  than  the  mi- 
nority, aided  by  means  of  guidance  open  to  all,  is  the  best  judge  whether 
that  good  is  attained. 

They  believe  that  most  of  the  evils  enumerated,  and  others — actual  as 
well  as  impending — are  the  logical  and  natural  result  of  a  failure  to  j)ro- 
vidc  by  law  Huilable  means  of  d rawing  out  the  best  expressions  <f  the  iatelli- 
ge)iee,  judgment  and  loill  of  the  great  body  of  the  j)eople. 

Tliey  therefore  pray  you  to  make  such  laws  as  will  secure  these  results. 
They  ask  you  to  provide  legal  means  whereby,  without  regard  to  party, 
all  electors  may  take  part  in  initial  and  intermediary,  as  well  as  in  the 
final  action  of  elections  for  the  choice  of  public  servants  and  public 
measures. 

Nor  do  they  think  the  work  will  be  complete  until  provision  is  made  by 
law,  so  to  connect  public   officers  with  the  people   they   represent,  that 


4  KEASONS  FOR  THE  ENACTMENT 

practically  tlio  servant  shall  not  bo  above  his  master,  or  lonjsf  be  able  to 
continue  in  any  career  of  inisrepresentation,  non-feasance  or  malversation. 
To  this  end,  they  append  to  this  Memorial  the  substance  of  an  Act 
which  they  believe  will,  in  part  at  least,  answer  the  purpose  ;  and  submit 
some  reasons  for  and  some  benefits  expected  to  result  from  its  enactment. 


BRIEF    STATEMENT 


OF    THE   PtEASONS   FOK,   AND    ADVANTAGES  ANTICIPATED   FPOM,  THE 
ENACTMENT    OF    THE    PROPOSED    LAW. 


CHAPTER    I, 


The  Lcav  of  Human  Life  and  Popular  Government — How  Best  it  can  he 

Fulfilled. 

"The  law  of  human  life,"  says  J.  Freeman  Claeke,  "is  that  the  devel- 
ojiment  of  differences  must  precede  their  reconciliation."  This  is  the 
law,  also,  of  democratic  government.  For  the  purposes  of  such  devel- 
opment and  I'econciliation,  and  for  the  necessary  development  of  the 
nature  and  extent  of  existing  concurrences,  not  less  than  three  political 
processes  are  required : 

First — It  is  necessary  to  elicit  from  the  electors  full  and  authentic 
information  as  to  their  differences  and  agreements. 

Second — There  must  be  primary  action  for  the  reconciliation  of  differ- 
.ences,  such  as  the  nomination  of  persons  for  public  office,  and  expi-es- 
sions  for  or  against  sjoecific  propositions  and  declarations  as  to  public 
affairs." 

Thikb — There  must  be  final  action  upon  such  nominations,  i^ropo- 
sitions  and  declarations. 

These,  essentially,  are  public  duties;  yet  all  but  final  action  have  been 
and  are  left  entirely  to  the  control  and  regulation  of  political  parties. 
This  being  our  present  political  condition,  it  is  important  to  know  ia 
what  manner  those  organizations  perform  the  political  duties  which 
they  have  undertaken,  and  whether  it  may  not  be  possible  to  devise  a 
better  system. 

Since  political  parties  have  given  us  our  law  to  the  extent  indicated,  it 
may  be  jirofitable  to  observe  what  agencies  they  have  found  necessary  to 
provide  and  employ.     We  see — 

First — That  each  party  maintains  a  permanent  organization. 
Secont) — That  it  maintains  permanent  officers,  ready  at  all  times  to 
attend  to  the  duties  of  their  positions. 

We  find  that  the  duties  of  party  officials  are  to  canvass  the  electors. 
In  other  words,  to  take  a  census  of  them ;  to  gain  information  as  to  the 
partisan  or  unpartisan  positions  or  proclivities  of  electors;  to  call  and 
in-ovide  for  party  meetings,  caucuses,  primaries  and  conventions.      Pai-- 


OF    THE    PROPOSED    LAW.  5 

ties  also  j)i'ovicle,  to  a  certain  extent,  for  the  assistance  and  accommoda- 
tion of  electors  whose  votes,  otherwise,  they  might  lose. 

We  may  take  it  for  granted  that  similar,  but  more  perfect  arrange- 
ments, extending  to  all  elections,  are  necessary  for  j)opular  political 
action.  There  should  be,  then,  for  this  i^urjiose,  a  permanent  public 
organization,  and  permanent  public  officers.  These  are  provided  in  the 
proposed  Act.  It  provides,  also,  for  the  formation  of  Registration  Dis- 
tricts of  sj^ecified  extent,  throughout  the  State,  in  each  of  which  there  is 
to  be  one  of  these  officers,  to  be  called  the  Register  of  Elections,  whose 
official  duties  are  clearly  specified,  and  who  is  required,  either  himself  or 
through  his  deputies,  to  do  all  that  may  be  necessary  for  the  assistance 
and  accommodation  of  all  the  electors  of  his  district.  There  are  provi- 
sions, in  the  proposed  Act  for  the  regulation  and  control  of  initial  and 
intermediary  popular  action.  These  will  be  uniform  in  their  operation, 
and,  in  the  largest  sense,  public.  These  provisions  will  secure  to  all 
electors  the  same  rights  and  opj)ortunities.  This  cannot  be  done  by 
party  arrangements.  Parties  necessarily  are  exclusive.  Each  party 
excludes  all  persons  not  committed  to  its  policy  and  candidates.  Non- 
partisans are  excluded  from  all  political  j)arties.  The  privileges  and 
benefits  of  partisan  association  are  all  conditional:  the  conditions 
involving  the  concealment  or  suppression  of  all  imj^ortant  adverse  opin- 
ions, and  the  surreneder  of  the  right  to  act  in  accordance  with  convic- 
tions of  duty,  on  any  subject,  in  opjDOsition  to  the  interests  or  creed  of 
the  party.  Thus  the  development  of  differences,  and  public  knowledge 
of  their  existence  are  prevented;  and  thus  j)artisans  are  forced  into 
unreal  but  seeming  concurrence. 

Dilferences  within  parties  that  cannot  be  concealed  or  repressed,  result 
in  creating  factions  within  the  parties,  or  in  their  disseverance.  In  the 
former  case,  there  invariably  occurs  within  the  party  a  straggle  of  the 
opposing  factions  to  control.  The  stronger  or  more  cunning  faction 
succeeds  in  this  object,  and  then  proscribes  and  silences  the  opposing 
faction,  which  thereafter,  like  all  minorities  within  parties,  is  little  re- 
garded. Individual  partisans,  who  difter  from  the  ruling  power  of  their 
party,  must  submit  and  remain  silent  when  their  party  has  acted  ad- 
versely, or  be  ruled  out  of  the  organization.  From  all  this,  it  is  plainly 
to  be  seen,  that  the  develojjment  and  reconciliation  of  difierences  cannot 
be  effected  through  parties;  and  that  parties  are  unfit  for  the  duties  they 
have  assumed,  and  for  which  they  have  been  considered  the  proper  and 
necessary  agents. 

Let  us  look  in  another  direction  and  advert  again  to  the  proposed  Act. 
As  already  stated,  this  will  provide  for  each  district  a  Register,  to  act 
impartially  under  legal  control  and  direction.  It  is  made  the  first  duty 
of  a  Register  to  ascertain  who  are  lawful  electors  of  his  district,  and  to 
keep  a  registry  of  such  electors,  making  the  necessary  corrections  from 
time  to  time.  His  next  duty  will  be,  at  a  certain  time,  sufficiently  early  in 
each  year,  to  send  to  each  elector  of  his  district  a  blank  sheet  suitable  for 
the  purpose,  and  invite  him  to  express  thereon  his  opinions  and  wishes  as 
to  public  matters,  and  to  impart  such  information,  with  respect  to  public 
affairs,  as  ho  may  possess  and  deem  of  public  benefit.  Thus,  all  difier- 
ences and  shades  of  difference  will  be  developed;  and  an  important  part 
of  the  "  law"  referred  to  in  the  opening  quotation  will  be  perfectly  ful- 
filled. This  expression  will  also  show  the  nature  and  extent  of  popular 
concurrence. 

The  next  f.tep  will  be  to  effect  the  reconciliation  of  existing  differences. 
The  conditions  which  will  bo  established  by  the  proposed  Act  will  be  as 


6  REASONS   FOR   THE    ENACTMENT 

favoi-fiWo  as  possililo  for  tins  object.  Tllerc  being  no  artificial  political 
distinctions  or  barriers  between  citizens,  all  may  freely  meet  and  act  and 
re-act  on  each  other.  All  opinions,  and  shades  of  opinions,  will  be  rep- 
resented. The  minds  of  citizens  will  not  be  closed  by  partisan  prejudice 
against  facts  and  arguments  tending  to  change  or  modify  their  opinions 
Information  and  instruction  Avill  besought  in  every  quarter.  Opinion 
will  thus  be  modified  and  differences  decreased.  A  strong  tendency  o  pop- 
ular concurrence,  in  support  of  certain  persons  for  public  office,  and  of 
certain  propositions  as  to  public  measures  and  policy,  will  begin  to  make 
itself  manifest.  The  results  of  the  primary  elections,  in  which  all  elect- 
ors will  freely  and  equally  participate,  will  show  how  far  differences  are 
thus  reconciled.  This  will  further  enlighten  the  public  mind  and  ripen 
the  public  judgment;  so  that,  at  the  first  election  the  majority  of  the 
electors  will  timl  the  least  difficulty  in  coming  to  intelligent,  and  impartial 
decisions  on  the  various  questions  presented,  or  in  the  selection  of  good 
public  officials.  In  results  thus  reached  all  electors  will  more  willingly 
acquiesce. 

Under  this  plan  the  principal  labor  and  care  will  devolve  on  the  of- 
ficers employed  and  paid  by  the  public  for  this  service.  The  familiarity 
with  their  duties,  which  they  will  soon  acc[uire,  and  the  public  facilities 
at  their  disposal,  will  enable  these  officers  to  perform  their  duties  much 
more  efficiently  and  satisfactorily  than  they  are  now  performed  by  parti- 
san officials  and  for  partisan  ends.  From  the  benefits  of  this  service  and 
these  facilities  no  elector  will  be  excluded. 

Let  us  now  compare,  more  particularly,  the  pecidiarities  and  advantages 
of  the  two  systems. 

CHAPTER    II. 

The  Principle  of  Supporting  the  Best  Men  and  Memures,  etc.,  the  True 
Principle — Parties  do  not  and  cannot  act  upon  it — The  proposed  Act  per- 
fectly adapted  for  carrying  out  this  Principle. 

The  principle  of  supporting  the  best  men,  measures  and  policies,  is 
fatal  to  party  inile,  and  therefore  is  not,  and  cannot  be,  tolerated  by  par- 
ties. But  this  manifestly  is  the  right  principle,  and  it  is  that  upon  which 
the  better  citizens  desire  to  act.  Party  compels  those  dependent  upon 
its  favor  and  all  who  are  thoroughly  committed  to  it,  to  support  all  its 
actions,  good  and  bad.  It  thus  gains  the  power,  which  it  constantly  em- 
ploys, of  effecting  evil,  under  cover  and  by  means  of  the  good  it  supports. 
This  is  one  of  the  worst  features  of  the  party  system.  Another  of  its  bad 
features  is  the  indiscriminate  opposition  of  each  party  to  the  good,  as 
well  as  the  evil,  x^roposed  or  accomplished  by  the  party  to  which  it  is 
opposed.  Nothing  could  more  clearly  show  the  unfitness  of  political 
parties  to  manage  and  control  popiilar  action,  than  the  fact  that  they  are 
constantly  impelled,  by  their  interests  and  policy,  to  oppose  and  prevent 
the  concurrence  of  good  citizens  in  support  of  those  whom  they  regard 
as  the  best  men  for  public  officials,  and  of  the  measures  and  policy  which 
they  deem  most  advantageou.9  to  the  public. 

The  principle  of  supporting  the  best  men,  measui'es  and  policies,  will 
be  the  necessary  nile — the  standard  of  public  judgment  as  to  right  politi- 
cal action  under  the  proposed  system.  Under  it  there  will  be  nothing  to 
prevent,  but  everything  to  induce  and  urge,  good  citizens  to  unite  upon  this 
principle.  The  support  of  one  good  measux'e,  or  candidate,  will  not  be 
to  hold,  recjuire  or  justify,  the  support  of  any  bad  measure  or  candidate. 
Consistency  and  inclination  will  prevent  such  conduct. 


OF   THE   PROPOSED  LAW 


CHAPTEE    III, 


The  Party  Appliances  hy  which  Men  are  held  permanently  in  the  same  rela.- 
tions,  regardless  of  actual  Changes  and  Divisions  of  Opinion,  not  fitted 
for  the  Actual  Life  of  a  Free  People. 

The  principal  argfument  in  favor  of  organized  political  parties  is,  that 
they  fnrni.sh  the  only  means  -u-hereby  those  ^vho  agree  in  public  matters 
can  combnie  for  united  political  action.  It  Vv-ill  be  obvious,  from  Avhat 
has  been  i^reviously  said,  that  parties  begin  their  processes  of  combina- 
tion before  there  is  a  proi:)er  basis  on  which  to  unite.  This  they  do  l)y 
recognizing  or  assuming  the  existence  of  certain  broad  and  marked  dif- 
ferences, and  ignoring  or  disregarding  all  other  diversities  of  public 
opinion.  In  making  up  their  party  creeds  or  iDlatforms,  parties  reverse 
the  methods  recognized  as  necessary  in  all  other  fields  of  discussion,  by 
first  settling  fixedly  upon  their  conclusions,  and  then  searching  for  the 
greater  part  of  the  facts  and  arguments  by  which  they  may  be  supported. 
Adopting  these  conclusions  as  the  basis  of  their  action,  they  make  up 
from  them  and  present  to  the  public  a  few  distinctive  party  issues,  to 
which  they  permit  nothing  to  be  added,  and  from  v\-hich  they  suffer  noth- 
ing to  be"  taken  by  their  partisans.  In  favor  of  these  issues  all  others 
must  be  postponed  or  repressed.  No  matter  what  facts  subsequently 
appear,  or  what  new  light  may  be  thrown  by  discussion  upon  these  sub- 
jects, the  party  creed  is  unalterable.  Citizens  are  imnaturally  forced 
into  total  agreement  or  total  disagreement.  "While  it  is  clearly  evident 
that  this  is  not  a  proper  method  for  the  development  and  reconciliation 
of  diiferences,  it  must  be  acknowledged  that  nothing  essentially  better 
can  be  produced  by  i)olitical  parties.  Admitting  the  necessity  of  such 
persistent  adherence  by  parties  to  their  foregone  conclusions,  and  of 
Buch  X)ostponement  or  suppression  of  all  but  the  few  distinctive  and  con- 
trolling party  issues,  the  fact  of  this  necessity  demonstrates  most  clearly 
the  insufiiciency  and  unfitness  of  political  parties,  as  the  agencies  for 
popular  action.  They  are  manifestly  incompetent  to  furnish  the  requi- 
site facilities  for  such  action,  except  upon  the  few  issues  of  their  ov/u 
selection;  and  for  those  only  upon  the  basis  of  their  preconceived  and 
necessarily  unenlightened  and  imperfect  opinions. 

A  proper  and  sufficient  system  must  furnish  facilities  for  public  expres- 
sion and  action  at  every  stage,  and  upon  all  subjects,  upon  which  citizens 
may  desire  to  act.  The  impropriety  and  impolicy  of  conceding  to  parties 
the  entire  control  of  primary  processes  will  appear  when  we  consider  the 
fact,  that  the  very  existence  of  parties  depends  upon  the  perpetuation  of 
existing  differences.  When  these  are  reconciled  no  basis  for  the  existing 
parties  remains.  Hence,  nothing  is  more  natural  than  that  parties  should 
seek  to  keep  alive  these  differences.  It  is  obviously  the  interest  of  par- 
ties to  create  and  perpetuate  differences,  where  otherwise  none  would 
exist.  Party  is  the  natural  product  of  those  societies  in  which  there  are 
broad  and  permanent  distinctions,  such  as  those  of  class,  or  caste.  It  can 
only  be  an  antagonistic  and  sul)versive  element  in  a  democratic  state. 

Under  the  proposed  Act  there  will  be  every  necessary  facility  for 
natural  combination  and  inter-action.  Citizens  will  not  be  compelled  to 
act  together  further  than  they  really  agree,  nor  can  they  be  prevented 
from  so  acting  upon  subjects  with  respect  to  which  differences  no  longer 
esdst. 


REASONS   FOR   THE    ENACTMENT 


CHAPTER    IV. 


Partri  Aaccmlency  due  to  Ilabif  and  want  of  necessary  Legislation — Habits  of 
I'i(bliv  Action  arc  not  clmnf/cd  ivWioiU  Change  of  Law — Change  of  Opin- 
ion  must  Precede  Change  of  Law. 

Because  party  is  not  established  by  law,  it  is  considered  by  many  a 
wholly  voluntary  system.  It  is  supposed,  by  such  persons,  that  nothing 
but  the  Avill  is  wanting  for  the  overthrow  of  the  party  government.  The 
continued  existence  of  parties  and  the  general  acquiescence  in  party  rule 
are  regarded  as  proofs  of  the  merits  and  necessity  of  the  party  systems; 
but  the  truth  is,  that  these  things  are  princij)ally  due  to  want  of  proper 
legislation  and  to  the  force  of  habit. 

If  parties  are  indeed  necessary  agents  for  popular  action,  they  will 
continue  to  be  so  under  such  legislation  as  wi'l  enable  the  people  to  act 
independently  of  them.  But,  it  is  believed,  that  organized  political  par- 
ties, such  as  we  now  have,  will  not  long  exist  under  the  conditions  that 
would  be  established  by  the  proposed  Act. 

To  effect  this  change,  it  is  only  necessary  thoroughly  to  enlighten  the 
public  mind  as  to  the  advantages  it  promises  and  the  means  by  which  it 
may  be  accomplished.  Public  opinion,  already  well  advanced,  though 
not  fully  ripe,  upon  this  subject,  will  then  demand  it.  It  is  generally 
conceded,  that  party  should  not  be  regarded  in  local  politics;  but  it  will  be 
found,  that  there  cannot  be  one  rule  for  local  and  another  for  state  and 
national  affairs,  at  least,  so  far  as  the  people  act  directly  in  each.  If 
party  controls  in  either,  it  will  control,  more  or  less,  in  all.  It  will  fur- 
nish the  candidates  and  frame  the  issues. 

The  proposed  Act,  or  one  like  it,  is  the  only  means  whereby  we  can 
secure  a  complete  emancipation  from  the  tyranny  of  party,  even  in  our 
local  public  affairs.  "The  fallacy  of  the  theory  that  habits  should 
change  befoi^e  the  law  is  changed,"  says  Mr.  U.  M.  Eose,  "is,  that  habits 
are  controlled  by  law,  and  cannot  change  until  the  law  is  first  changed." 
In  the  absence  of  the  statute  law,  parties  have  assumed  and  exercised 
extra  legal  powers,  which  by  acquiescence  and  by  continued  neglect  of 
proper  legislation,  have  become  as  well  established  and  as  effective  as 
though  they  had  been  derived  from  positive  law.  Hence,  the  above 
quotation  applies  to  the  proposed  jiolitical  change.  "The  law,"  con- 
tinues Mr.  EosE,  "is  not  usually  altered  by  change  of  habit,  but  by 
change  of  opinion.  To  assert  that  no  good  can  be  done  by  legislation, 
is  to  assert,  that  though  men  may  make  good  rules  for  their  guidance, 
when  they  are  not  specially  trying  to  do  so,  they  lose  this  faculty  the 
moment  they  give  their  best  attention  to  the  subject."  So,  certain  party 
advocates  would  have  us  believe  that  our  political  arrangements  should 
be  left  to  the  direction  of  chance,  or  to  the  pleasure  of  self-interested 
organizations,  rather  than  to  the  rule  of  intelligent  and  impartial  law. 

"  The  laws,"  says  Chief  Justice  Cooley,  "  give  us  the  best  insight  into 
the  character  of  a  people.  The  laws  are  not  merely  their  professions. 
They  are  the  professions  which  they  consent  to  carry  into  practice.  If 
these  rules  tolerate  a  vice,  we  know  that  the  general  sentiment  of  the 
times  is  not  willing  to  outlaw  it.  If  they  condemn  a  vice,  we  know  that 
indulgence  must  be  so  far  exceptional  that  tlie  common  voice  calls  for  its 
punishment."  This,  to  a  certain  extent,  is  true  as  to  the  vices  of  the 
l^arty  system,  but  does  not  fully  apply  to  that  system,  on  account  of  the 
control  which  parties  exercise  over  legislation.     When  the  people  have 


OF   THE    PROPOSED    ACT.  9 

more  direct  power  over  initial  and  intermediary  action,  we  sliall  know 
exactly  what  they  approve  or  disapprove,  what  they  think  and  what  they 
wish. 


CHAP  TEE    V. 

Beformation  of  Parties — The  Subserviency  they  Require — Advantages  to  the 
Citizen  of  the  proposed  Act. 

Anything  more  difficult  than  the  reformation  of  a  joarty  long  addicted 
to  evil  practices,  by  action  within  itself,  cannot  v/ell  be  conceived. 
These  practices  are  so  profitable,  or  promise  so  much  profit  to  the  party 
managers,  and  these  managers  are  so  well  secured  in  their  positions,  and 
so  tenacious  in  their  hold  uj^on  them,  that  their  removal  is  seldom  prac- 
ticable. Even  when  such  a  change  is  eifected,  the  anticipated  reforma- 
tion is  seldom,  if  ever,  realized.  Chang-e  of  party  officials  effects  no 
change  of  the  party  system.  The  illegitimate  power,  the  facilities  for 
abuse,  and  the  temptations  thereto,  remain,  and  are  not  easily  resisted. 
The  slight  changes  for  the  better  that  may  be  effected,  under  extraordi- 
nary circumstances,  are  never  permanent.  The  ordinary  course  of  par- 
ties is  from  bad  to  worse.  While  the  prospect  of  "  reform  within  the 
party  "  is  thus  unpromising,  the  partisan  who  fails  in  an  effort  to  accom- 
plish it  is  thereby  placed  in  a  trying  and  often  in  a  very  humiliating 
position,  since  he  must  either  support  his  party  in  all  its  abuses,  or  be 
cut  off  from  it,  and  be  denominated  as  a  "bolter,"  and  "  j)olitical  rene- 
gade." "  A  i^ersistent  reformer  within  the  party  "  invariably  finds  him- 
self outside  of  its  organization  in  the  end.  The  person  who  would  stand 
well  with  his  paiiy  must  improve  every  opportunity  of  being  useful  to  its 
managers.  He  must  assist  them  in  caucus;  work  at  primaries  for  the 
nomination  of  their  delegates;  in  convention  for  the  nomination  of  their 
favorites.  He  must  pay  his  assessments  promptly.  He  must  not  shrink 
from  the  use  of  any  means  by  which  party  politicians  gain  success.  If 
he  has  any  special  political  object  to  accomplish,  he  must  make  it  for  the 
interest  of  the  managers  to  support  it,  or  he  will  fail.  Under  the  party 
system  good  can  never  be  accomplished  "  by  way  of  good." 

Nothing  could  be  more  striking  than  the  contrast  which  the  position  of 
the  ordimary  partisan  will  present,  to  that  of  the  citizen  under  the  pro- 
posed Act.  The  latter  will  be  at  perfect  liberty,  in  all  stages  of  political 
action,  to  pursue  that  course  which  his  judgment  and  conscience  may 
direct.  He  will  not  be  required  to  attach  himself  to  any  political  organ- 
ization, or  to  perform  any  party  seiwice.  He  need  not  consult  the  pleas- 
ure or  interest  of  any  one.  He  may  remain  at  home,  or  at  his  usual 
place  of  Ijusiness  or  employment,  yet  discharge  every  political  duty,  and 
exercise  his  due  political  power.  He  may  confer  freely  with  his  f ellovv'- 
citizens  of  all  shades  of  opinion,  and  gain  information  and  instruction 
from  every  available  source.  He  may  legally  express  his  opinions,  de- 
sires and  preferences  as  to  public  matters,  in  the  perfect  assurance  that 
they  cannot  be  falsified  or  misrepresented.  He  may  rely  upon  the  au- 
thenticity of  such  expressions  by  his  fellow  citizens.  He  may  freely 
recommend  and  support  for  public  office  those  whom  he  deems  best  fitted 
for  the  public  service.  He  will  remain  uncommitted  by  his  own  expres- 
sions as  to  future  action,  being  always  at  liberty  to  support  that  action 
v.-hich  he  believes  best  under  the  existing  circumstances,  and  to  make 
the  best  available  choice  of  public  officials.  Electors  may  freel}-  and 
2 


10  REASONS  FOR  THE  ENACTMENT 

lai-r^clv  consult  their  personal  fcelinpfs  and  tastes  as  to  the  manner  in 
■svhifh'  thoy  Avill  perform  their  political  duties,  and  exercise  their  political 
rii^hts.  Thej-  will  have,  also,  more  latitude  as  to  the  time  of  doingf  this. 
Ill  all  staples  of  political  action  it  will  he  necessary  for  those  seeking  to 
accomplish  political  objects  to  consult  the  personal  opinions  and  wishes 
of  the  electors,  who  will  therefore  command,  at  all  times,  their  proper 
consideration  and  iuHuence.  There  will  be  no  power  Avhich  can  defeat 
or  obstruct  political  reforms  approved  and  supported  by  a  majority  of 
the  electors. 


CHAPTER    VI. 

How  the  Party  System  Restricts  the  Liberty  of  the  Citizen. 

Few  persons,  accustomed  to  act  with  party,  realize  the  extent  to  which 
their  liberty  is  restricted  by  the  party  S3''stem.  Choice  of  public  officials 
should  extend  to  all  persons  legally  qualified.  Under  the  party  system 
this  choice  is  restricted,  first,  to  the  members  of  one  party;  and,  sec- 
ondly, to  its  nominees.  The  partisan  is  not  at  liberty  to  support  other 
persons,  however  superior  their  qualifications. 

The  fact  of  being  a  partisan  reduces  primaiy  choice  at  least  one  half, 
and  at  final  elections  the  partisan  has  no  freedom  of  choice.  It  is  con- 
sidered that  he  has  no  right  to  "make  or  meddle"  in  the  affairs  of  an 
opposite  ])arty.  Parties  so  control,  that  initial  action  is  not  practicable 
except  through  them.  Thoroughly  independent  citizens  cannot  make 
use  of  these  agencies;  yet  they  have  more  real  power,  in  the  end,  than 
partisans.  It  is  often  the  more  independent  who  decide  results  as  be- 
tween parties;  and  it  is  to  gain  their  votes  that  much  of  the  camjjaign 
work  of  parties  is  done.  Nevertheless,  it  is  clearly  the  duty  of  a  popu- 
lar government  to  provide  means  through  which  its  inde^^endent  citizens 
can  act;  otherwise,  their  theoretical  liberty  of  choice  is  practical  constraint 
and  prohilntion  of  action. 

The  proposed  system  will  emancipate  the  citizen  from  his  servitude  to 
party.  Under  that  system  his  political  influence  will  depend  principally 
U2:)on  his  intelligence,  activity  and  worthiness;  as  electors  will  be  inde- 
pendent of  party  caucuses,  primaries  and  conventions,  and  can  act  with- 
out the  consent  or  assistance  of  those  who  control  them.  The  purchasa- 
ble element  will  lose  its  importance,  and  those  who  seek  to  gain  their 
ends  by  its  aid  will  injure,  rather  than  assist,  their  cause.  The  "  baser 
sort"  of  politicians,  having  thus  lost  their  power  over  political  results, 
their  promises  of  support  or  favor  will  be  of  no  value,  and  will  be  neither 
sought  nor  regarded. 


CHAPTER    VII. 

Parties  not  Competent  to  Famish  the  Best  3Iethods. 

As  the  most  successful  and  firmly  established  party  does  not  control 
the  entire  powers  and  resources  of  the  community,  state  or  nation,  and 
parties  out  of  power  have  no  public  resources,  it  follows,  that  parties 
could  not  furnish  the  best  possible  facilities  for  public  action,  were  they 
so  disposed.  Even  though  parties  did  cany  out.  so  far  as  possible 
Avithin  themselves,  the  law  of  human  life  and  popular  government  with 
respect  to  the  development  and  reconciliation  of  difierences — which,  as 
we  have  seen,  they  absolutely  prevent — they  would  not  be  proper  and 
sufficient  agencies  for  the  purposes  of  such  goverumont.     As  i)arty  ob- 


OF   THE   PROPOSED    ACT.  11 

jects  are  self-interested,  narrow  and  antagonistic,  and  parties  are  man- 
aged in  the  interests  of  the  few  who  control  their  action,  there  is  no 
reason  to  believe  that  they  will  even  make  a  sincere  effort  to  provide  the 
best  facilities.  When  we  consent  to  the  control  of  parties  on  the  ground 
of  necessity  and  convenience,  we  sacrifice  the  ends  of  free  government 
for  the  means,  but  do  not  gain  the  means. 

A  government  of  the  people, /b/-  the  people,  and  h\j  the  people,  repre- 
senting all  public  interests,  and  controlling  all  public  I'esources,  is  capa- 
ble of  providing  and  maintaining  better  conveniences  for  all  public 
action  than  parties  possibly  can  furnish.  Not  only  is  such  a  government 
more  comi^etent  for  these  purposes;  it  is  the  only  suitable  agency  to  jDro- 
vide  i^rocesses,  effective  and  participated  in  by  all  electors.  No  organ- 
ization having  certain  legitimate  objects  can  safely  ignore  or  neglect 
its  proj^er  duties;  and  it  will  be  found  more  effective  for  the  fulfillment  of 
these  duties,  if  confined  and  directed  solely  to  their  accomplishment. 
This  latter  truth  was  well  illustrated  and  enforced  by  the  celebrated 
Macacley  in  his  arguments  against  a  state  church. 

The  relations  of  a  political  party,  established  .in  power  for  the  time 
being  to  the  government  which  it  controls,  is,  in  some  respects,  like 
that  of  a  state  chui-ch  to  the  government  in  which  it  is  established;  but 
as  the  former  then  controls  all  public  service  for  its  own  benefit,  the 
objections  to  its  supremacy  are  far  greater  than  those  to  a  state  church 
in  its  more  limited  sphere.  The  party,  like  a  state  church,  has  its  dis- 
tinctive interests  and  its  exclusive  tests.  The  effect  in  both  cases  is  to 
divert  the  public  j)owers  from  their  legitimate  objects,  and  to  exclude 
competent  men  of  other  beliefs  from  joublic  service,  thereby  inflicting  a 
direct  and  sometimes  a  very  serious  loss  upon  the  State.  It  is  evident 
that  no  exclusive  organization  is  fitted  for  a  service  which  requires  that 
the  public  interest  shall  be  always  paramount. 


CHAPTER    YIII. 

The  Question  of  Complication. 
It  may  be  objected,  inconsiderately,  that  legal  arrangements  for  the 
regulation  and  control  of  all  political  action  will  be  complicated  and  dif- 
ficult to  put  into  practice.  This  objection  involves  the  assvunption,  so 
well  re^tited  by  Mr.  Eose  in  the  extract  quoted,  that  "men  lose  their 
faculty  for  making  good  rules  for  their  guidance,  when  they  give  their 
best  attention  to  the  subject."  Each  pai-ty  now  provides  its  own  regula- 
tions and  arrangements,  as  its  interests  and  circumstances,  or  chances, 
or  caprice,  may  determine.  This  gives  us  different,  and  often  diverse 
methods.  The  only  way  to  bring  order  out  of  our  political  chaos,  is  to 
establish,  by  law,  a  uniform  and  simple,  yet  effective,  method.  For 
want  of  this,  our  politics  are  hopelessly  comiolicated.  Parties  finding 
the  existing  state  of  things  to  their  advantage,  will  do  nothing  to  amend 
it.  So  long  as  we  are  without  the  necessary  legal  regulation,  our  politi- 
cal system  will  lack  the  conditions  of  simple,  orderly  and  effective  move- 
ment. It  would  be  wonderful,  if  with  sucli  defective  arrangements,  we 
did  not  realize  the  evils  and  diiliculties  wliich  we  now  experience.  Were 
there  like  neglect  of  unity  and  method  in  the  business  of  a  single 
department  of  the  government,  or  of  an  individual,  it  would  cause  such 
confusion  and  complication  therein  that  the  business  could  not  be  carried 
on.  The  proposed  law  is  intended  to  supply  the  necessary  conditions, 
and  it  is  believed  that  it  will  furnish  greatly  increased  and  improved 


12  REASONS  FOR   THE   ENACTMENT 

facilities  for  public  action.  Under  this  law  the  meclianical  and  clerical 
labor,  and  all  matters  of  mere  routine,  will  be  performed  by  public  offi- 
cers, and  the  electors  will  be  thus  relieved  from  much  of  the  care  and 
annoyance  to  which  they  are  now  subjected.  Every  elector  will  be  ad- 
dressed, in  the  name  of  the  whole  people,  and  invited  to  express  his 
opinions  and  wishes,  and  also  to  impart  such  information  as  he  may 
possess  and  deem  of  public  benefit.  What  method  of  political  action 
could  be  more  simple  and  satisfactory,  or  more  easy  for  the  elector  who 
wishes  to  take  a  proper  part  in  public  affairs  ?  It  will  be  as  convenient 
to  vote  at  public  primary  elections  as  at  party  primaries,  and  much  more 
agreeable.  Under  this  simple  and  direct  method  we  will  avoid  the  dis- 
order and  confusion  incident  to  our  party  system. 


CHAPTER    IX. 

The  Ideal  Official — This  ideal  may  be  realized  under  the  proposed  Act. 

The  "  ideal  official"  has  been  described  as  "  a  carefully  chosen  man  of 
broad  cultivation,  aesthetic  tastes,  patriotism  that  includes  the  whole 
countiy,  and  a  power  of  independent  judgment  that  cannot  be  swayed 
by  the  bribery  of  influence,  nepotism  or  corruption."  As  a  rule,  such 
men  are  excluded  from  public  life  under  our  party  system.  The  doctrine 
of  the  necessity  of  party,  involves  the  necessity  of  abandoning  the  prin- 
ciple that  the  best  man  shall  be  chosen.  Parties  could  not  exist,  did  they 
cease  to  hold  up  the  public  offices  as  the  rewards  of  partisan  service. 
"  A  tree  is  known  by  its  fruits."  The  character  of  a  majority  of  the  men 
who  secure  office  under  the  jDarty  system  condemns  it  as  unfit  to  make 
proper  selections. 

The  proposed  system  is  perfectly  adapted  for  the  selection  for  public 
office  of  the  persons  described  as  "ideal  officials,"  Under  that  system 
they  would  become  our  actual  officials. 


CHAPTER    X. 
Evils  of  Party  Legislation. 

GoLDWTN  SivnTH  says:  "Mere  party  politicians  cannot  afford  to  see 
beyond  the  hour.  Under  the  system  of  party  government,  forecast  and 
freedom  of  thought  belong  usually  to  those  not  engaged  in  public 
affairs." 

Party  governments  are  as  little  fitted  to  enact  proper  democratic  legis- 
lation as  to  choose  proper  public  officials.  As  a  rule,  partisan  legislation 
is  partial,  inconsiderate,  capricious  and  coiTupt.  It  enriches  individuals 
and  combinations,  at  public  expense,  makes  extravagant  grants,  and 
creates  all  those  groat  al)uses  which  are  made  the  rejjroach  of  popular 
government.  Our  excessive  legislation,  and  frequent  wanton  change  of 
law,  attest  the  instability  and  insecurity  resulting  from  the  party  system. 
These  have  been  considered,  improperly,  as  due  to  democratic  govern- 
ment. 

Under  no  system  of  government  have  there  been  aiTangements  afford- 
ing so  many  securities  as  to  legislation,  or  enforcing  so  much  care  and 
consideration,  in  the  enactment  of  laws,  as  is  required  under  the  pro- 
visions of  the  proposed  Act.  Measures  will  be  first  recommended  or 
suggested  by  the  electors  in  their  retui-ns  of  information.     They  will  be 


OP   THE   PROPOSED    LAW.  13 

discassecl  and  considered  from  the  time  of  such  returns  to  the  time  of 
the  primary  elections,  whea  the  electors  may  express  their  opinions  defi- 
nitely as  to  their  merits.  Measures  thus  approved  by  a  majority  of  the 
electors  concerned  vvill  be  more  thoroughly  discussed  and  considered 
from  the  time  of  the  primary  to  that  of  the  final  election,  when  the  ma- 
jority of  the  electors  may  instruct  their  representatives  with  reference 
thereto,  as  they  may  desire.  The  legislative  authorities  will  then  be 
required  to  frame  the  acts  necessary  for  carrying  such  instructions  into 
effect.  After  which  such  acts  will  be  submitted,  for  a  sufficient  time,  to 
the  electors  for  their  sanction.  It  is  believed,  that  a  better  method  for 
correcting  and  preventing  the  existing  evils  of  our  legislation,  especially 
with  regard  to  expenditures  and  the  creation  of  public  debt,  has  never 
been  devised.  This  is  the  natural  and  proper  method,  in  a  popular  gov- 
ernment. Under  it  a  true  science  of  legislation  will  be  practicable.  The 
proposed  Act  provides  means  whereby  contested  questions  may  be 
brought  to  a  speedy  and  satisfactory  settlement,  and  thus  be  removed 
i!rom  the  public  mind,  as  permanent  causes  of  irritation  and  difference. 


CHAPTEK    XI. 

Instruction — Popular  Sanction — Displacement. 

The  right  of  instruction,  which  is  declared  in  our  State  Constitutions, 
has  become  a  dead  letter  under  party  system.  Party  interests  also  oppose 
the  requirement  of  popular  sanction  to  legislation,  and  to  such  popu- 
lar control  over  public  officials  as  that  given  by  the  power  to  displace 
elective  officers.  This  opposition  is  natural,  since  these  provisions  tend 
strongly  to  the  destruction  of  the  jmrty  system. 

The  provisions  of  the  proposed  Act  for  instruction,  popular  sanction 
and  displacement  of  public  officials,  are  valuable  means  for  the  enforce- 
ment of  the  public  will.  Their  oi^eration,  for  the  most  part,  will  be 
"  silent  but  effective."  Piiblic  trusts  are  not  so  often  violated  from  igno- 
rance of  duty,  as  from  a  corrupt  and  perverse  will.  Our  jDoliticians  are 
shrewd  observers  of  the  state  of  the  public  mind.  "When  they  act 
against  right  and  public  opinion,  they  do  so  consciously,  depending  for 
their  immunity  upon  party  supj)ort.  Under  the  provisions  referred  to, 
this  dependence  would  fail  them.  They  would  then  become  so  careful 
and  complaisant;  so  quick  to  observe  the  indications  of  public  opinion, 
and  so  obedient  to  it,  that  instruction  or  displacement  would  seldom  be 
necessary. 

Under  the  requirement  of  popular  sanction,  few  measures  would  be 
enacted  which  the  majority  of  electors  did  not  desire  and  would  not 
appi'ove.  All  real  pojDular  control,  over  public  action  and  public  officials 
in  destructive  to  party. 

CHAPTER    XII. 

The  Party  Sijidem  Unfavorable  to  Intelligent  Action. 
The  party  system  does  not  supply  the  conditions  necessary  to  intelli- 
gent action,  even  to  its  own  managers,  much  less  to  the  ordinary  jjarti- 
san.  It  has  been  said,  that  the  greater  part  of  our  knowledge  dei)ends 
upon  our  percejitions  of  differences.  Parties  take  no  means  for  ascer- 
taining the  differences  even  among  their  own  men,  and  their  leaders  sternly 
and  systematically  repress  all  manifestation  or  knowledge  of  differences 


1-4  REASONS  FOR  THE  ENACTMENT 

wliicli  in  any  wny  conflict  with  their  plans  or  interests.  Knowing  better 
tliau  others,  though  very  imi^erfcctly,  what  is  true  public  opinion,  the 
party  managers  arc  able  to  i)ass  off  the  false  for  the  true.  Much  of  their 
power  i-!  cbie  to  their  exclusive  information,  since  it  renders  it  necessary 
that  those  less  informed  shall  look  to  them  for  information  and  guidance. 
A:^  party  leaders  undertake  to  act  and  think,  in  great  part,  for  their  ad- 
herents," the  latter  gain  little  useful  instruction  or  training  through  their 
political  action.  On  account  of  the  impossibility  of  getting  reliable  in- 
formation, or  of  knowing  the  effect  of  such  action,  many  good  citizens 
decline  to  take  jiart  in  public  affairs.  There  are  in  the  proposed  Act 
provisions  for  gaining  the  most  complete  and  authentic  information,  and 
for  making  this  known  to  eveiy  elector.  Ui^on  the  basis  which  this 
affords  he  is  free,  and  is  required  to  judge  and  act  for  himself.  Having 
the  best  information  attainable,  he  will  be  able  to  act  at  all  times  under- 
standiugly.  He  will  have  that  complete  knowledge  of  existing  condi- 
tions, without  which  it  is  imi:)Ossible  to  know  what  may  and  should  be  ac- 
complished, at  a  given  time,  through  any  series  of  political  acts.  The 
habit  of  independent  action  will  give  him  the  necessary  training  and 
self-reliance.  One  of  the  most  fruitful  sources  of  opposition  among  men 
is  mutual  ignorance  of  each  other's  objects,  sentiments  and  opinions. 
Under  the  proposed  system  there  would  be  little  room  for  such  mis-» 
understandings. 


CHAPTER    XIII. 

Partisan  Discussion  and  Controversy. 

Under  the  party  system  we  have  much  controversy  and  very  little 
proper  discussion.  The  merits  of  men  and  measui-es  are  not  impartially 
considered.  Accusations,  denials,  counter  assaults  and  injurious  com- 
l^arisons  are  the  supplies  of  partisan  controversy.  Through  such  means 
moral  ideas  are  confused,  and  evil  often  made  to  appear  as  good.  The 
character  of  political  discussion  would  be  entirely  changed  under  the 
proposed  system.  The  merits  of  measures  and  men  would  then  be  more 
thoroughly  and  impartially  considered.  For  success,  it  would  be  more 
necessary  to  address  arguments  to  the  judgments  and  consciences  of  in- 
dividual citizens.  Our  political  discussions  would  become  more  philo- 
sophic. A  class  of  learned  and  able  men,  who  are  not  now  heard  upon 
political  subjects,  would  give  the  j)ublic  the  benefit  of  their  researches 
and  opinions. 


CHAPTER    XIV. 

Public  Spirit  and  Public  Interest. 

Subserviency  to  and  dependence  upon  party  are  unfavorable  to  the 
growth  and  maintenance  of  a  healthful  public  spirit,  and  to  the  existenco 
of  a  healthful  public  interest  in  political  affairs.  The  ordinary  partisan 
is  restricted  in  his  judgment  of  any  proposed  measure  by  the  predomi- 
inating  consideration  of  the  influence  it  may  have  on  the  interests  of  his 
party. 

As  public  action  conforms  more  closely  to  public  will,  it  will  create  a 
stronger  and  more  healthful  public  spirit.  As  every  pul)lic  expression 
will  be  i-eal,  and  intended  to  effect  an  important  public  object,  it  will  ex- 
cite a  public  iutere-it  coiTespouding  with  the  importance  of  the  object. 


OF   THE   PROPOSED    ACT.  15 

True  public  spirit  aud  true  public  interest  will  increase  Tvitli  increasin.of 
independence  of  party  control.  The  wider  the  Held  of  sjmjjathy  aud 
action,  the  more  lively  and  extended  will  becorae  the  general  interest  in 
public  affairs. 

CHAPTER    XV. 

Party  Opposition  no  Security  against  Party  Corruption — '■'  We  must  have 
one  Party  to  watch  the  other." 

In  view  of  our  political  history  for  the  j^ast  few  years,  and  in  the  face 
of  such  revelations  as  those  made  b}'  Tweed,  to  say  that  parties  are  a 
necessary  security  against  political  corruption,  seems  more  like  irony 
than  sincere  opinion.  A  more  thorough  party  system  and  government 
by  party  than  ours  have  been,  cannot  exist  under  an  elective  system.  It 
would  not  be  easy  to  point  out,  in  any  country,  an  era  of  greater  politi- 
cal corruption  than  has  been  witnessed  in  our  own  during  the  past  thirty 
years;  yet,  during  all  this  time,  there  have  been  two  great  opposing 
political  parties.  We  have  had,  and  still  have,  the  very  conditions  in 
this  respect  which  we  are  assured  are  most  favorable  to  public  virtue, 
yet  our  public  morals  and  conduct  have  been  and  are  far  below  the  aver- 
age standard  of  private  life.  Under  'any  proper  system,  the  contrary 
should  be  the  rule.  A  sj'stem  that  reverses  the  natural  order  cannot  be 
favorable  to  public  j^uiity,  and  this  conclusion  is  too  well  supported  by 
actual  results.  The  sj-stem  which  leaves  all  political  action  to  two  great 
parties,  so  far  from  affording  the  pretended  security,  is  the  most  favor- 
able that  can  be  conceived  for  the  purposes  of  public  coiTuption.  The 
moral  law  operates  most  effectively  and  beneficially  in  a  state  of  freedom. 
Party  interferes  with  and  obstructs  these  natural  reactions  against  evil, 
which  are  the  only  sure  means  of  its  suppression  and  removal.  The 
patience  of  the  public,  and  the  slowness  of  its  perce2:)tions  of  the  truth 
as  to  the  real  source  of  our  most  glaring  public  abuses,  is  truly  marvel- 
ous. In  face  of  the  well-known  and  generally  admitted  fact,  that  all 
our  great  public  spoliations  have  been  consummated  b}^  a  combination 
of  the  leaders  of  both  parties,  many  still  cling  to  the  delusion  that  our 
present  system  is  the  best  possible  one  for  j^re venting  these  very  results. 

AVhen  our  eyes  are  once  opened,  we  can  see  that  nothing  is  more  natural 
or  more  inevitable  than  that  these  results  should  occur  under  our  pres- 
ent political  processes.  As  the  two  parties  control  nearly  all  efficient 
agencies  of  public  expression  and  action,  they  are  able,  when  they 
unite,  to  repress  all  effective  opposition  and  to  protect  each  other  against 
just  jjublic  retribution.  If  the  two  sets  of  party  leaders  oppose  each 
other  in  earnest,  neither  will  gain  jjrofit  at  public  expense.  If  they 
iinite,  it  will  l)e  to  their  mutual  pecuniary  advantage.  As  the  material 
for  public  plunder  is  ample,  aud  none  but  the  public  suffer,  the  leaders 
are  too  shrewd  not  to  see  that  their  best  chances  for  profit  are  in  making 
terms  between  themselves.  A  little  more  or  less  is  not  so  important  to 
either  side  as  the  question,  whether  they  are,  or  are  not,  to  get  some 
share  of  the  spoil.  It  i.^  an  indisputable  fact  that  nearly  all  our  great 
public  robberies,  in  late  years,  Lave  been  committed  by  the  union  of  a 
sufficient  numljer  of  the  opposition  party,  with  the  majority  of  the  party 
in  power,  to  overbear  the  impracticably  honest  men  of  both  parties,  and 
that  during  or  after  the  perpetration  of  these  robberies  the  profits  have 
been  divided,  with  a  rough  a])proach  to  equality,  between  the  leaders  or 
members  of  each  party.     In  the  exceptional  cases,  when  under  the  direc- 


]G  r.EASOXS   FOR   THE    ENACTMENT. 

tion  of  the  better  men  of  the  organization,  a  party  earnestly  opposes  and 
assails  tlio  corruptions  of  another  party,  and  thereby  /yain:-i  i^olitical 
power,  it  almost  invariably  occurs  that  the  more  unprincipled  and  selfish 
of  the  leaders,  ayIio,  from  motives  of  policy  have  kept  in  the  backf^rovuid, 
tlien  come  forward  and  betray  the  cause  espoused  by  the  successful  party; 
and,  Avith  the  aid  of  the  same  class  of  the  opposite  party,  perpetrate 
greater  outrages  upon  the  public  than  those  previously  committed. 

Ingenuity  may  be  safely  challenged  to  devise  a  system  better  suited  to 
all  the  purposes  of  political  corruption  than  that  which  we  now  possess 
and  cherish.  Our  best  remedy  and  security  are  to  be  found  in  legal  pro- 
visions which  will  enable  the  people  to  participate  equally  in  all  public 
]n-ocesses;  to  direct  and  control  public  agents;  and  to  decide  finally  as  to 
the  adoption  of  legislative  acts.  With  such  provisions,  and  with  ar- 
rangements whereby  the  broadest  and  clearest  light  shall  be  thrown  over 
ail  public  processes,  we  may  be  sure  that  the  interests  and  honest  inclina- 
tions of  the  greater  number  will  arrest  and  defeat  the  corrupt  schemes 
of  the  interested  few. 


CHAPTEE    XVI. 

Effect  iipon  the  Civil  Service — The  proposed  Act  loill  assist,  as  far  as  pos- 
sible, by  State  Legislation,  in  the  Reform  of  the  Civil  Service. 

The  obstacles  to  Civil  Service  Reform,  that  is — to  making  the  Public 
Administration  a  business,  instead  of  a  political,  machine — arise  from 
party  control  and  the  overpowering  personal  interest  of  party  leaders  in 
bestowing  the  public  offices  as  rewards  for  personal  and  partisan  services; 
and  in  having  them  administered  to  secure  personal  and  party  ascendency. 
The  i:)roposed  Act  will  soon  do  av/ay  with  the  necessity  for  these  services 
and  this  ascendency.  Moreover,  the  means  of  legal  public  expression 
provided  are  valuable  for  this  purpose,  even  when  the  power  of  choice 
is  not  directly  with  the  electors.  The  proposed  Act  best  reconciles  the 
system  of  Federal  appointments  with  popular  methods.  Few  national 
administrations  will  have  the  hardihood  to  apjioint  local  Federal  officers 
when  it  is  positively  known  that  a  majority  of  the  electors,  in  the  locality 
in  which  the  office  is  to  be  exercised,  are  opposed  to  such  appointments. 
The  national  authorities  would  pay  the  greatest  respect  to  such  expres- 
sions in  favor  of  applicants  for  such  offices.  Instead  of  looking  to 
Congressmen  for  instructions  and  advice  in  regard  to  such  appoint- 
ments, the  appointing  power  would  look  to  the  people  most  concerned. 

The  opportunity  given  for  legal  expression  of  preference  for  United 
States  Senators  and  for  President  and  Vice-President,  will  cause  the 
wishes  of  the  people  to  be  known  and  respected  in  these  matters. 


CHAPTER    XVII. 

The  Question  of  Public  Economy — Reply  to  objections  made  to  the  Increase 
of  Public  Offices  and  the  Taxation  necessary  under  the  proposed  System. 

It  IS  an  old  and  sound  economical  maxim,  that  "what  is  worth  doing 
at  all,  is  worth  doing  well."  No  intelligent  man  permits  his  business  to 
suffer  for  want  of  care,  or  leaves  it  to  chance  direction.  If  he  has  a  farm, 
store  or  workshop,  he  employs  all  the  help  required  to  take  care  of  it 
and  to  carry  it  on.  A  community  should  not  act  with  less  intelligence 
and  prudence.     The  larger  the  business,  and  the  more  interests  there 


OF   THE   PROPOSED    LAW.  1 7 

are  involved,  the  more  care  is  required  to  systemize  and  conduct  the 
business  j^roperly. 

The  public  business  of  a  township  requires,  and  justifies,  certainly  more 
attention  than  one  of  its  farms,  stores  or  workshops.  Either  of  the  latter 
would  suffer  were  it  not  properly  attended  to  each  day.  The  whole  cost 
to  a  Kegistration  District  for  the  necessary  official  attention,  and  for  all 
the  jDurjDoses  of  the  projiosed  Act,  would  not  exceed  the  salary  of  a  book- 
keeper in  a  prosperous  country  store,  or,  at  most,  that  of  a  cashier  of  a 
country  bank,  norwoiildthe  labor  required  be  greater  or  more  arduous 
than  that  usually  performed  by  persons  engaged,  in  these  employments. 
If  the  facilities  afforded  and  the  securities  provided  by  the  proposed  Act 
arc  not  worth  this  slight  expenditure,  the  political  rights  of  citizens  can- 
nol;  be  of  much  value. 

The  saving  effected  by  this  means  would  be  many  times  greater  than 
its  cost.  Under  this  system  schemes  for  depleting  the  public  treasur}^, 
for  i^rivate  or  partial  benefit,  would  be  seldom  attempted,  and,  more 
rarely,  succeed.  The  enonnous  burden  of  taxation,  beyond  that  neces- 
arv  for  legitimate  public  ex2:>enditures,  would  be  removed. 

Let  us  compare  the  cost  of  the  two  systems  to  a  laboring  man  on  the 
Pacific  coast,  who  gives  proper  attention  to  his  political  duties. 

FiKST — Under  the  present  party  system  : 
Electioneering  at   primary  for  the  delegates  he  prefers,  one  day, 

not  less  than $3  00 

Yv'orking  for  his  j^arty  on  the  day  of  election,  one  day 3  00 

Attendance  upon  party  meetings,  speakers,  processions,  etc.,  one 

day ; 3  00 

Assessment  for  party  purposes,  not  less  than 3  00 

Extra  expenses,  at  these  times 5  00 

Total $17  00 

The  above  estimate  falls  far  short  of  the  cost  to  an  active  "worker  for 
his  party.  These  are  regarded  as  legitimate  expenses.  Thousands 
of  dollars  ^re  spent  illegitimately  in  each  county,  and  often 
hundreds  of  thousands  in  each  State  during  the  canvass  2:)receding  an  im- 
portant election.  It  is  believed  that  more  than  half  a  million  of  dollars 
have  been  expended  in  the  State  of  Nevada  during  a  single  election  can- 
vass. These  sums  are  not  patriotic  contributions  to  a  public  cause,  but 
are  paid  out  with  the  expectation  of  a  profitable  return.  Were  not  such 
expectations  usually  realized,  such  expenditures,  instead  of  steadily  in- 
creasing in  our  elections,  as  is  notoriously  the  fact,  would  cease.  When 
we  consider  that  usuall}^  vast  sums  are  expended  on  both  sides  for  the 
mere  pi'ospect  of  success,  some  idea  can  be  formed  of  the  extent  to  which 
the  people  suffer,  and  of  the  enormous  profits  realized  by  politicians  from 
the  possession  of  political  power,  for  those  profits  come  out  of  the  jDCople. 

Second — The  proposed  system  provides  official  arrangements  which 
enable  voters  to  act  in  a  convenient,  simple,  eflective  and  economical 
manner,  and  the  expenditure  in  time  and  money  Ijeing  much  less  than  is 
required  at  jiresent.  Let  us  now  compare  its  cost  to  a  laboring  man  on 
the  Pacific  coast  with  that  of  the  present  system : 

Cost  of  ballots  and  voting  envelops,  possibly $1  00 

Possible  increase  of  taxation 2  50 

Total $3  50 

3 


18  REASONS  FOR   THE   ENACTMENT 

He  is  out  of  poclcet  directly  but  one  dollar,  and  if  lie  chooses  to  "'et 
liis  ballots  and  envelops  of  an  election  officer  he  need  not  be  out  a  cent, 
excci)t  for  his  share  of  the  necessary  taxation.  He  may  attend  public 
meetinp^s  of  tlie  elec^tors  at  a  sli<^iit  loss  of  time,  and  at  a  cost  not  to  ex- 
ceed lift}'  cents  for  his  share  of  the  expense  of  each  meeting.  But  as 
such  meetings  form  no  part  of  the  regular  processes  of  initial  or  inter- 
mediary action,  they  may  stand  as  an  offset  to  the  occasional  party  meet- 
ings that  under  the  present  system  are  held  at  times  when  no  election 
canvass  is  in  jii'ogress.  Under  either  system,  a  man  may  devote  as  much 
more  time  as  he  feels  disposed  to  give  to  public  affairs;  but,  under  the 
l)roposed  system,  an  elector  need  not  leave  liis  house  or  place  of  occupa- 
tion or  lose  any  time  worth  considering,  yet  take  part  in  every  political 
process  of  the  electors,  exercising  thereby  more  real  power  and  com- 
manding more  consideration  than  he  can  now  exercise  and  receive  at 
greater  expenditure  of  time  and  money.  The  securities  provided  in  the 
proposed  system  will  reduce  illegitimate  j)ublic  expenditures  to  a  low 
point,  thus  saving  many  times  the  amount  of  direct  taxation  which  that 
system  would  involve. 


CHAPTER    XVIII. 

The  Decline  of  Party  Government. 

The  decline  of  party  government,  the  evidences  of  which  are  abun- 
dant and  unmistakable,  and  which  is  noticed  particularly  in  a  recent  arti- 
cle by  GoLDWiN  Smith,  is  due  to  the  increase  of  popular  power.  Dem- 
ocracy and  party  being  essentially  antagonistic,  the  advance  of  one 
implies  the  decline  of  the  other.  The  power  of  the  people  at  the  pres- 
ent time,  though  at  best  much  restricted  by  party  ascendency,  is  in  almost 
exact  proportion  to  their  independence  of  party.  It  has  been  shown 
what  political  processes  are  necessary  for  democratic  government,  and 
that  political  parties  are  vmfit  to  provide  for  and  conduct  these  proc«Jsses; 
also,  in  what  manner  such  parties  interfere  with,  obstract  and  oppose 
such  government.  It  follows,  from  the  generally  accepted  law  of  pro- 
gress or  development,  tliat,  under  conditions  more  favorable  to  de- 
mocracy, the  power  of  party  must  decline.  The  converse  of  this,  that 
under  conditions  entirely  favorable  to  party  ascendency  poj^ular  govern- 
ment must  cease,  is  also  true.  The  vitality  of  our  popular  institutions 
now  dej^ends  entirely  on  the  right  of  choice  in  final  elections,  a  right 
which  parties  greatly  restrict  but  cannot  destroy. 

The  conditions  for  true  popular  government  will  be  nearly  perfected 
when  full  power  over  initial  and  intermediar}^  public  action  is  secured  to 
the  electors.     The  proposed  Act  provides  these  conditions : 

It  will  cany  out  democratic  principles  in  all  stages  of  political  action, 
by  safe,  agreeable  and  efficient  means. 

It  will  supercede  our  present  party  system  and  remove  the  evils  inci- 
dent to  party  ascendency. 

It  will  secui-e  honesty  and  capacity  in  public  officials. 

It  will  protect  the  public  treasury  and  secure  proper  economy  in  gov- 
ernment. 

It  will  enable  the  people  to  elect  public  officers  really  of  their  own 
choice. 

It'  will  prevent  partial  and  special  legislation. 

It  will  secure  a  non-partisan  and  more  ^'honest  and  capable"  judiciary. 

It  will  control  selfishness;  increase  public  spirit;  secure,  in  every  ^Jolit- 


OF   THE   PROPOSED   LAW.  19 

ieal  sphere,  a  higher  class  of  public  officials;  and  lead  to  a  more  broad 
and  enlightened  statemauship. 

It  will  prove  that  our  existing  political  evils  are  not  due  to  democratic 
or  republican  principles,  but  to  de^Dartures  from  them  and  failure  to 
carry  them  into  effect,  thus  vindicating  these  principles  and  confounding 
their  enemies. 

In  such  measures  will  be  found  the  only  sure  means  of  a  real  and  last- 
ing improvement  in  our  public  sei-vice. 

There  are  not  only  almndant  evidences  of  the  decline  of  party,  and 
the  consequent  advance  of  popular  government,  but  also  of  a  corre- 
sponding change  of  public  ojiinion  with  respect  to  the  necessity  and 
benefit  of  political  parties.  There  are  but  few  independent  thinkers,  who 
are  in  the  habit  of  public  speaking,  who  do  not  see  and  declare  some 
i:)art  of  the  truth  on  this  subject.  So  great  a  change  as  that  of  the 
elimination  of  the  party  system  from  our  jDractical  politics  cannot  be 
suddenly  accomplished.  We  must  expect  that  the  progress  of  this 
change,  like  that  of  other  great  movements  of  the  human  mind,  will, 
at  first,  be  slow  and  sometimes  interrupted.  "Movements  which  are 
pregnant  with  vital  change,"  says  Feoude,  "are  often  slow  in  assuming 
their  essential  direction.  Even  after  the  stir  has  commenced,  circvim- 
stances  do  not  immediately  open  themselv-es;  the  point  of  vision  alters 
gradually,  and  fragments  of  old  opinions  and  prepossessions  and  preju- 
dice remain,  interfused  with  the  new,  even  in  the  clearest  mind,  and 
cannot  in  a  moment  be  shaken  off."  In  the  decline  of  party  and  the 
advance  of  joopular  government,  we  have  such  a  movement;  and, 
although  "the  stir  has  commenced,"  the  "jDoint  of  vision  alters"  so 
"gradually"  that  few  are  yet  able  to  see  clearly  "its  essential  direc- 
tion." The  foregoing  statements  and  arguments  are  designed  to  remove 
some  of  the  obstructions  which  have  prevented  clear  observation,  and  to 
turn  public  attention  to  the  right  quarter.  It  is  believed  that  the  adop- 
tion of  the  proposed  Act  would  be  a  decisive  and  most  important  step  in 
the  right  direction,  and  that  this  would  sj)eedily  and  inevitably  lead  to 
our  emaucijjation  from  party  government. 


CHAPTER    XIX. 

Summary  of  the  more  Novel   Provisions  of  the  Proposed  Act — The   Pro- 
2)osed  Constitutional  Amendments. 

Following-  is  a  brief  summary  of  the  more  novel  provisions  of  the  pro- 
posed Act: 

1.  Tlie  provisions  for  registration  districts,  registers  and  registration, 
which  have  been  referred  to,  and  the  nature  and  advantages  of  which, 
l^erhaps,  have  been  sufficiently  explained; 

2.  The  arrangement  for  a  general  final  election  each  year.  County 
and  local  officers  being  elected  separately  from  Districit  and  State  offi- 
cers, each  alternate  year.  This  will  keep  local  and  other  public  ques- 
tions more  distinct;  make  a  more  proper  and  orderly  regulation  of  public 
action,  and  keep  up  a  more  uniform  and  healthful  public  spirit; 

3.  The  provision  for  the  appointment  of  Insjoectors  of  Election  by  the 
School  Trustees.  This  assigns  the  duty  to  a  local  Board,  the  members 
of  which  ai*e  usually  intelligent  and  impartial,  acquainted  with  the  citi- 
zens, and  have  a  public  interest  in  the  locality; 


p 


20  REASONS   FOR   THE   ENACTMENT. 

-i.  The  provisions  for  gaining  information  of  the  electors,  and  can- 
vassing and  publishing  the  returns  of  the  same; 

5.  For  primary  elections  by  all  citizens,  for  the  nomination  of  candi- 
dates, and  popular  expression  upon  all  matters  of  piiblic  concern; 

().  For  instruction  of  all  legislative  agents; 

7.  For  the  submission  of  legislative  Acts  to  the  votes  of  electors; 

8.  For  the  displacement  and  replacement,  by  the  electors,  of  elective 
officers; 

9.  For  the  nomination,  by  the  electors,  of  persons  as  candidates  for 
United  States  Senator,  President  and  Vice-President,  and  for  State  and 
National  offices,  to  be  filled  by  appointment; 

10.  For  direct  vote  of  the  electors  of  the  State  for  President  and  Vice- 
President,  as  -well  as  for  Electors  of  the  same;  and  legal  instruction  to 
the  Presidential  Electors  to  cast  their  ballots  for  the  person,  for  each 
office,  v^-ho  recieved  the  highest  vote.  This  legalizes  what  has  been  sanc- 
tioned by  custom,  and  accords  "with  present  usage,  except  that  ])resent 
arrangements  are  jiartisan.  Under  this  provision  Presidential  Electors 
could  be  punished  legally  for  violation  of  public  trust  and  private  honor; 

11.  Provisions  for  the  accomodation  of  electors  "vvith  respect  to  time, 
jlace  and  manner  of  voting,  including  that  for  the  appointment  of  Re- 
ceivers and  Collectors  of  votes,  and  visits  by  the  latter  to  every  neigh- 
borhood of  each  precinct; 

12.  Provisions  -whereby  the  electors  of  the  several  localities  may  au- 
thorize and  use  all  conveniences  afforded  by  the  postal  service,  express, 
telegraph  or  other  companies  and  private  mes^^engers; 

13.  Provisions  for  certifying  duplicate  ballots,  and  acknowledging  re- 
ceipt and  delivery  of  votes; 

14.  For  the  new  arrangement  of  poll  books,  avoiding  the  necessity 
of  extra  checking  lists,  and  affording  conveniences  for  all  the  entries 
required; 

15.  For  a  ballot  book  for  pasting  in  ballots.  It  is  more  convenient 
and  useful  than  the  old  method  of  filing,  affords  more  ready  reference 
and  better  means  of  detecting  and  correcting  frauds  and  errors; 

IG.  For  tally  sheets  and  tallying.  These  are  required  by  the  greater 
extent  of  public  action  to  be  provided  for; 

17.  For  a  preliminary  count  and  subsequent  correction  of  errors,  ille- 
gality and  fraud,  and  for  the  corrected  or  official  count; 

18.  For  estimates  of  the  cost  or  saving  to  the  people  of  each  new 
legislative  Act,  to  be  published  with  the  Act; 

19.  The  provisions  for  public  meetings  of  electors  are  the  complement 
of  the  proposed  system.  They  provide  means  for  public  action  in  sud- 
den and  urgent  occasions.  While  they  afford  ample  facilities  for  such 
action  they  also  provide  ample  security.  All  citizens  of  the  locality 
have  an  equal  right  to  participate.     They  would  establish  the  better  fea- 


REGISTRATION,    ETC.  21 

tures  of  New  England  Town  Govei-nment,  and  complete  the  necessary 
facilities  for  public,  as  distinct  from  party  action; 

20.  Tlie_  penal  provisions  are  believed  to  be  such  as  will  meet  all  re- 
quirements. Such  provisions  will  be  more  easily  and  certainly  enforced 
when  the  power  of  jDarty  is  broken  down  by  voluntary  jDopular  action; 

21.  The  provisions  intended  to  encourage  inventions  of  improvements 
iu  popular  methods  will  keep  public  attention  alive  to  the  subject,  and 
prompt  to  constant  effort  to  secure  such  improvement; 

22.  The  Constitutional  amendments  suggested  would  establish  the  pro- 
posed reforms  more  thoroughly  and  securely  than  it  is  possible  to  do 
under  present  Constitutional  provisions.  These  amendments  are  entirely 
consistent  with  the  popular  principles  uj-jou  which  oar  Constitutions  are 
based,  and  necessary  for  their  proper  application.  The  object  of  the 
2:)rovision  for  choice  of  public  elective  oflficers  by  a  favorable  expression 
of  three-fourths  of  the  electors  iu  their  returns  of  information,  and  by  a 
two  thirds  vote  at  primary  elections,  is  to  save  unnecessary  trouble  and 
expense,  when  the  electors  are  already  sufficiently  agreed,  and  to  pro- 
mote unanimity  among  them. 


A  N    A  C  T 

RELATING    TO    REGISTRATION— INITIAL    AND    INTERMEDIARY    PUBLIC 
ACTION— ELECTIONS,  AND  ELECTIVE  AND  OTHER  OFFICERS,  Etc. 

Providing  Enlarged  Conveniences  and  Securities  Against  Fraud  in  Beg- 
idration — Legal  and  Effective  Ways  for  all  Electors  to  Participate 
in  Initial  and  Intermediary  Public  Action — Greater  Facilities  and 
Guarantees  in  Voting,  and  Improved  Means  of  Obtaining  Legal  Ex- 
pressions of  the  Best  Intelligence,  Judgment  and  Will  of  the  Pcoplo 
in  all  Matters  of  Public  Concern. 


CHAPTEE    I. 


REGISTBATION   DISTRICTS EEGISTEKS REGISTRATION. 

Section  1.  Each  township  of  a  county,  and  each  ward  of  a  city,  shall 
be  a  Registration  District,  except  when  such  action  is  taken  by  the  elect- 
ors as  that  proA'ided  for  in  Sections  2  and  3,  Chajoter  I,  of  this  Act. 
Each  Registration  District  of  a  county  shall  be  numbered  by  the  Com- 
missioners of  the  county. 

8ec.  2.  When  the  majority  of  the  electors  of  any  precinct,  or  precincts, 
in  which  there  arc  not  less  than  five  hundred  registered  electors,  in  any 
township  or  incor]:)orated  town  in  which  there  are  not  less  than  fifteen 
hundred  registered  electors,  shall  vote,  at  any  public  meeting  of  the 
electors,  or  at  any  primary  election,  in  favor  of  having  su(!h  lu-ecinct  or 
precincts  set  off,  as  a  separate  Registration  District,  the  Commissioners 
of  the  county,  immediately  after  the  proper  legal  certification  to  them  of 
the  fact,  shall  set  off  and  declare  such  precinct  or  j^recincts  a  separate 
Registration  District. 


22  REGISTRATION,    ETC. 

Sec.  3.  "Wlion  the  majority  of  the  I'ogistered  electors  of  each  of  two 
•wards,  of  any  city  in  this  State,  in  which  the  Avhole  number  of  registered 
voters  of  lH)th  wards  does  not  exceed  two  thousand,  shall  vote  at  any 
jnililic  nicctin-^  of  the  electors  of  each  of  said  wards,  in  favor  of  their 
consolidation  into  one  Eej^istratiou  District,  the  Commissioners  of  the 
county,  immediately  after  the  legal  certification  to  them  of  the  fact,  shall 
consolidate  such  wards  for  this  purpose,  and  declare  them  one  Registra- 
tion District. 

Sec.  4.  Registers  of  elections  shall  be  chosen  by  the  electors  of  the 
resjiective  Registration  Districts,  on  the  day  fixed  by  law  for  choosing 
county  and  toAvnship  officers.  When  not  otherwise  provided  for  by  law, 
each  Justice  of  the  Peace  shall  be  also  a  Register  in  the  Registration 
District  in  which  he  resides;  and,  in  elections,  the  title  of  the  joint  of- 
ficers shall  be  Justice  of  the  Peace  and  Register. 

Sec.  5.  When  a  majority  of  the  electors  of  any  Registration  District, 
at  any  public  meeting  of  the  electors,  or  at  any  primary  election,  shall 
vote  in  favor  of  the  separation  of  the  offices  of  Justice  of  the  Peace  and 
of  the  Register,  and  of  having  the  offices  held  by  different  persons,  the 
Commissioners  of  the  county,  upon  proper  legal  certification,  shall 
promptly  give  public  notice  of  this  vote,  and  fix  a  day,  not  more  than 
thirty  days  from  the  time  of  such  vote,  for  the  election  of  a  Register, 
whose  official  duties  shall  be  exclusively  those  of  said  office. 

Sec.  G.  When  another  Registration  District  is  formed  within  a  town- 
ship, in  the  manner  prescribed  in  Section  2  of  this  Chapter,  the  Com- 
missioners of  the  county  shall  fix  a  day,  not  more  than  thirty  days  from 
the  time  of  setting  off  such  district,  for  the  election  of  a  Register,  by 
the  electors  of  the  same. 

Sec  7.  When  the  wards  of  a  city  are  consolidated  into  one  Registra- 
tion District,  as  provided  in  Section  3  of  this  Chapter,  the  Register  of 
the  ward  having  the  largest  number  of  registered  electors  shall  become 
the  Register  of  the  newly  consolidated  district.  All  books  and  paj^ers 
]iertaining  to  registry  in  the  other  wai'd  shall  be  handed  to  him  by  the 
Register  of  that  ward,  and  shall  be  kept  thereafter  as  a  part  of  the  rec- 
ords of  the  consolidated  Registiy  office. 

Sec.  8.  In  case  of  a  vacancy  in  the  office  of  Register,  the  Commis- 
sioners of  the  county  shall  appoint  a  Register  to  serve  in  the  district  in 
which  the  vacancy  has  occurred,  until  a  Register  for  the  same  shall  be 
elected  legally,  and  qualified. 

Sec  9.  All  Registers,  and  Deputy  Registers,  shall  have  jiower  to  ad- 
minister oaths,  or  affirmations,  and  to  do  such  other  acts  as  may  be  nec- 
essaiy  in  carrying  out  the  i:)rovisions  of  this  Act. 

Sec  10.  W^here  the  words  publish  and  publication  occur  in  this  Act, 
they  shall  mean  to  publish,  or  publication  in  some  daily  newspaper,  or  if 
there  shall  be  no  daily,  in  some  weekly  newspaper  of  general  circula- 
tion in  the  State,  or  in  the  political  division  in  which  the  publication  is 
to  be  made;  and  the  words  post  or  i:)osting  shall  mean  to  post,  or  the 
j)osting  of  printed  or  written  notices,  in  the  political  division  to  which 
reference  is  made.  Where  the  words  Commissioners  of  the  county  are 
xxsed,  they  shall  mean  the  Board  of  Commissioners  of  the  county;  and 
the  words  County  Clerk  shall  mean  the  Clerk  of  the  Board  of  Commis- 
sioners of  the  county;  when  the  word  electors  occurs  it  shall  mean  qual- 
ified electors. 

Sec  11.  The  Commissioners  of  each  county,  when  required,  shall 
furnisli,  for  the  use  of  the  Register,  election  officers,  and  electors  of  the 
several  Registration  Districts  of  the  county,  all  books,  blanks,  stationery, 


REGISTRATION,    ETC.  23 

materials  and  articles  needed  in  canying  into  effect  the  proTisions  of 
this  Act.     There  shall  be  provided  for  each  Registration  District  a  book, 
to  be  kno-svn  as  the  Official  Register,  which  shall  be  ruled  with  suitable 
head-lines,  and,  by  vex'tical  lines,  into  suitable  columns,  for  the  follow- 
ing entries:     First,  number  on  the  Register;  second,  date  of  registry; 
third,  name  of  elector;  fourth,  fifth,  sixth  and  seventh,  for  the  insertion 
of  figures  indicating  successive  years,  as  1878,  1879,  1880,  1881;    eighth, 
age  of  elector;  ninth,  where  born;  tenth,  the  name  of  the  election  pre- 
cinct;   eleventh,  description  of  the  person;    twelfth,  designation  of  his 
residence;  thirteenth,  certificate  of  naturalization;  fourteenth,  remarks. 
There  shall  be  pro\ided  to  each  Registration  District  blank  infoimation 
sheets,  on  the  first  outside  page  of  which  shall  be  a  space  for  the  address 
of  the  elector,  and  the   notice  of  the  Register,  as  specified  in  Section  3, 
Chapter  II.     In  a   column  on  the  left  of  the  first  inside  page  of  said 
sheet  shall  be  written,   or  printed,   consecutively,  the  titles  of   all  the 
offices  for  which  nominations  are  to  be  made  at  the  next  ensuing  primary 
election.     Next  to  this  column  of  titles  shall  follow  three  vertical  col- 
umns for  the  insertion,  opposite  the  proper  titles,  of  the  names  of  j^er- 
sons  prefex'red  by  the  electors  for  the  several  offices,  in  the  order  of 
preference.     On  so  much  of  the  second  inside  page  as  may  be  required 
for  the  purpose  there  shall  be,  from  left  to  right,  five  vertical  columns, 
the  first  for  the  insertion  of  titles  of  elective  officers,  and  the  names  of 
such  officers  whom  an  elector  may  wish  to  have  displaced;  the  second  for 
the  insertion  of  the  woixl  For,  or  Against,  opposite  the  proper  title  and 
name;  the  third,  fourth  and  fifth  for  the  insertion,  in  the  order  of  i:)ref- 
erence,   of  persons  preferred  by  each  elector  to  replace  the  incumbent 
of  such  office.     On  the  second  inside  page,  and  in  the  lower  half  thereof, 
there  shall  be  three  vertical  columns,  for  the  insertion  of  the  statements 
or  recommendations    of  the  electors  respectively,  as  to  national.   State 
and  local  public  measures,  under  the  head  of  National,  State  and  Local. 
On  each  page  of   this  sheet  shall  be  suitable  head-lines,  and  headings. 
There  shall  be  provided  blank  affidavits,  blank  certificates  of  registra- 
tion, in  book  form,  and  with  stubs  inside  large  enough  to  contain  the  re- 
ceipts  of  electors  for  their  certificates;  blanks,   in  book   form,   suitable 
for  taking  a  census  of  the  electors,  suitable  blank  delivery  and  receipt 
books,  for  the  use  of  collectors  and  other  receivers  of  votes,  so  worded 
and   arranged  as  to  enable  the  person  delivering  a  vote  to  certify  to  the 
fact,  time  and  place  of  delivery,  and  the  receiving  officer  to  give  each 
elector  a  certificate    of  the  receipt,   at  a  certain  time  and  place,  of  his 
vote,  and  zo  that  the  certificate  of  delivery  and  receipt  shall  be  oppo- 
site each  other,  on   the  same  page,  that    for  delivery  being  upon  the 
right  and  easy  to  detach;  transcript  books,  for  containing  ali^habetically 
arranged    transcripts   of   the  Official  Register,  for  use  in  election  pre- 
cincts in  which  the  Register's  office  is  not  situated;  poll  books,  arranged 
to  contain  an   alphabetical  list  of  the  electors   of  a  precinct,  with  the 
number  of  each  elector  on  the  Official  Register,  at  the  left  of  his  name; 
four  vertical  check  columns  on  the  right  of  the  names,  one  column  at 
the  right  of  the  check  columns,  to  contain  the  number  of  each  vote  as 
withdrawn  by  the  Election  Board  from  the  receiving  ])oxes  or  ballot  box, 
and,  at  the  extreme  right,  a'  suitable  column  for  remarks.      One  ballot 
book  for  each  election  in  each  election  precinct,  suitably  arranged  for 
jiasting  therein  and  numl)crii)g,  the  ballots;  tally  lists,  or  sets,  consisting 
of   sheets  or  sli2:)s  of  Avhite  v»n.'iting  paper,  vai'ying  according  to  the  re- 
quisitions of  Registers,  and  their  estimates  as  to  the  number  of  persons 
and  measiu'es  to  be  voted  for,  from  half  to  full  width  of  legal  cap,  or 


2-4  REGISTRATION,    ETC. 

Itu-gci*  if  required,  so  arranpfcd  as  to  leave  a  space  at  the  top  sufficient 
for  binding  the  sheets,  and  for  the  insertion,  as  a  heading,  of  the  title  of 
an  oftice  to  1)0  filled,  or  of  the  words:  Propositions,  Declarations,  In- 
structions, Resolutions,  or  Requests  to  United  States  Senators,  Acts  Sub- 
mitted; or  for  the  insertion  of  the  title  of  an  oflico,  the  incumbent  of 
■which  any  elector  may  proj^ose  to  have  displaced,  and  so  ruled,  with  two 
cross-lines,  and  by  vertical  lines,  that  the  respective  names  of  persons 
voted  for,  or  the  designation  of  propositions,  etc.,  or  legislative  acts, 
may  be  inserted  vertically  ar.d  singly  in  the  spaces  enclosed  within 
the  vertical  lines  and  the  cross-lines.  Tally  sheets  shall  be  arranged  in 
sets.  Along  the  left  margin  of  the  pages  of  each  set,  and  in  each  space 
of  that  margin,  intended  for  the  insertion  of  a  tally  mark  at  the  right, 
under  the  proper  head,  consecutive  numbers,  from  one  to  one  hundred 
more  than  all  the  electors  of  the  precinct  for  which  the  tally  sheets  are 
l)rovided,  shall  be  written  or  printed,  and  a  number  of  such  sets  more 
than  all  offices  to  be  filled,  or  class  of  declarations  or  instructions,  reso- 
lutions or  propositions  or  laws  probably  to  be  voted  for,  shall  be  fur- 
nished for  each  election  precinct  at  each  election.  There  shall  be  fur- 
nished, for  each  election  precinct,  a  suitable  ballot  box,  a  Register's  re- 
ceiving box,  and  a  sufficient  number  of  Collector's  receiving  boxes. 

Sec.  12.  All  things  required  for  the  use  of  officers  of  election  and 
of  electors,  shall  be  furnished  by  the  commissioners  of  the  county  on  the 
estimates  and  requisitions  of  registers,  but,  if  the  commissioners  shall 
believe  that  the  estimates  of  any  register  are  excessive,  they  may  cut 
them  down  to  within  ten  per  cent,  of  the  number  and  cjuantities  ordina- 
lily  used  for  the  same  number  of  electors.  Each  register  shall  rei:)ort 
to  the  commissioners  of  the  county,  at  the  time  of  making*  his  rcciuisi- 
tion,  the  exact  number  and  quantity  of  unused  public  books,  blanks, 
articles  and  materials  which  remain  in  his  possession. 

Sec.  13.  Each  register  shall  provide  a  suitable  office  in  a  central,  or 
more  publicly  convenient  location,  in  his  registration  district,  where  he 
shall  perform  the  official  duties  required  by  the  Act  to  be  performed  at 
his  office;  and  shall  there  safely  keep  all  books,  blanks,  papers  and  things 
having  reference  to  the  electors  or  elections,  or  other  public  expressions 
of  the  district,  or  for  use  in  elections,  in  i-espect  to  which  he  has  legally 
prescribed  duties. 

"  Sec  14.  The  register  or  his  deputy  shall  attend  at  his  office  each  day, 
except  Sundays  and  legal  holidays,  at  least  one  business  hour  of  the  fore- 
noon, after  7  o'clock  of  the  same,  and  one  business  hour  of  the  af fcernoou 
after  1  o'clock  of  the  same,  and  as  miich  longer  as  may  be  required  to 
transact  the  business  of  his  office.  He  shall  inform  the  electors  as  to 
these  hours  by  a  written  or  printed  notice  fastened  upon  his  office  door. 
For  twenty  days  previous  to  any  general  election,  and  fifteen  days  previ- 
ous to  any  special  election  in  his  district,  the  register  or  his  deputy 
shall  attend  at  his  office,  from  8  o'clock  in  the  forenoon  ta  12  at  noon, 
and  from  2  o'clock  in  the  afternoon  to  4  o'clock  of  the  same.  During  the 
three  days  assigned  for  receiving  votes,  previous  to  the  day  of  election, 
he  shall  attend  at  his  office  during  the  same  hours  of  the  forenoon,  and 
from  2  o'clock  to  5  o'clock  of  the  afternoon;  also  again  at  half  past  6 
o'clock  of  the  afternoon,  for  the  purj)ose  of  attending  to  the  duties  of 
receiving  the  collectors'  boxes  and  opening  them,  checking,  putting  the 
votes  into  the  register's  receiving  box,  etc. 

Sec.  15.  Each  register  may  appoint,  for  the  following  purposes,  as 
many  deputies  as  may  be  required : 

1st.  For  taking  the  census  of  the  electors  of  his  registration  district. 


REGISTRATION,    ETC. 


25 


2cl.  For  receiving  votes  at  tlie  residence,  or  place  of  iDUsiness,  or  em- 
ployment, or  resort,  of  electors.  Deputies  appointed  for  this  purpose 
shall  be  called  receivers  of  votes. 

3d.  To  act  as  registers  in  election  precincts  in  which  the  register's  office 
is  not  situated,  three  days  i^revious  to  the  day  of  election,  and  on  and 
after  that  day,  as  a  member  of  the  election  board.  Constables  may  be 
appointed  as  census  deputies  and  as  deputies  for  the  collection  of  votes, 
and  may  act  as  such. 

Sec  IG.  During  the  month  of  January  of  each  year  each  register  shall 
take,  or  cause  to  be  taken,  a  censu-i  of  the  electors  of  his  registi-ation 
district,  commencing  not  later  than  the  first  Monday  of  that  montli. 

Sec  17.  The  time  of  taking  a  census  of  the  school  child i-oa  in  school 
districts  included  in  any  registration  district  may  be  exchanged,  at  the 
discretion  of  the  school  trustees,  so  as  to  correspond  with  the  time  of 
taking  the  census  of  the  electors,  and  both  the  census  of  school  children 
and  that  of  the  electors  may  be  taken  by  the  same  person,  duly  ap- 
pointed and  qualified,  for  the  performance  of  these  several  duties.  The 
school  trustees  may  arrange  with  an  ofiicer  of  the  census  of  the  electors 
for  performing  this  service,  and  for  compensation  therefor,  which  in  no 
case  shall  exceed  that  now  fixed  by  law. 

Sec.  18.  Each  register  shall  publish  timely  notices  of  the  intended 
visits  of  the  census  taker  of  electors  to  the  several  neighborhoods  and 
localities  of  the  respective  precincts,  at  least  ten  days  previous  to  such 
visits.  He  shall  also  cause  at  least  three  notices  to  be  posted  for  the 
same  time  in  the  most  frequented  and  public  places  of  each  precinct. 
The  notices  shall  sj^ecify  that  a  census  officer  of  the  registry  will  call  at 
the  private  residences,  business  places,  Avorking  establishments  and 
2:»laces  of  public  resort  of  the  vicinity,  on  the day  of  January,  com- 
mencing at .,  at  half  past  7  o'clock  in  the  forenoon,  and  proceeding 

[hero  giving  a  description  of  the  route]  during  the  1)usines3  hours  of  the 
day,  for  the  purpose  of  taking  a  census  of  the  electors  residing  therein,  and 
correcting  the  registration  lists,  and  requesting  all  electors  of  the  vicinity 
to  take  notice  and  so  arrange  their  affairs  as  best  to  Accommodate  them- 
selves and  most  effectually  facilitate  the  officer  in  the  performance  of  his 
duties. 

Sec  19.  Each  census  officer  of  the  registry  shall  be  careful  to  per- 
form his  duties  in  an  agreeable  manner  and  with  as  much  reference  to 
the  accommodation  and  convenience  of  electors  as  circumstances  will 
allow;  but  no  such  officer,  after  making  the  usual  signal,  shall  be  com- 
pelled to  wait  for  admission  at  any  residence,  or  working,  or  business 
place,  more  than  five  minutes,  nor  upon  any  person  for  a  statement  or 
proof  of  the  facts  as  to  his  right  to  registry,  more  than  fifteen  minutes. 

Sec  20.  Each  census  officer  of  the  electors  shall  have  with  him  a  cer- 
tified alphabetical  list  of  the  registry  of  electors  as  it  stood  at  the  close  of 
the  preceding  year,  with  all  particulars  as  to  such  elector  cojiied  from  the 
official  register  of  the  i:)receding  year;  a  book  of  blank  certificates  of 
registration,  so  arranged  that  when  the  certificates  are  detached  there 
will  be  left  a  stub  of  sufficient  width  to  contain  a  description  of  the  certifi- 
cate, and  a  receipt  for  the  same  signed  by  the  person  to  whom  the  certifi- 
cate shall  l)e  given.  All  certificates  of  registration  shall  contain  a  brief 
description  of  the  i:)erson  of  the  elector.  Each  register,  before  going  out 
to  take  the  census,  or  before  handing  the  book  of  blank  certificates  to  a 
census  officer,  shall  make  a  plain  impression  of  his  official  seal  upon  each 
blank  certificate.  "When  a  blank  certificate  is  spoiled  in  the  filling  out  it 
shall  not  be  detached,  and  each  census  ofiicer  shall  be  held  to  strict  ac- 
4 


20  REGISTRVTION,    ETC. 

count  for  all  blanks  detached.  Each  census  officer  shall  have  also  a  book 
of  blank  affidavits. 

Sec.  21.  When  a  census  officer  of  the  rep^istry  meets  a  person  whom 
ho  can  identify  whose  name  appears  as  an  elector  in  his  certified  list,  he 
sIkiU  check  his  name  in  the  list,  noting  any  change  of  residence  and 
and  tender  to  him  a  certificate  of  registration  for  the  year,  upon 
signing  the  j^roper  receipt.  When  calling  at  a  residence  indicated  in  his 
list  as  that  of  an  elector,  he  ascertains  that  the  elector  is  temporarily 
absent,  the  census  officer,  at  his  discretion,  may  accept  the  sworn  or 
other  statement  of  an  adult  member  of  the  family  of  the  elector  or  of  a 
reputable  neighbor,  that  the  place  is  still  the  residence  of  the  elector, 
whereupon  the  officer  may  check  the  name  on  his  list,  noting  the  fact  of 
absence  and  the  source  of  information. 

Sec.  22.  When  a  census  officer  of  the  registry  shall  meet  an  unregis- 
tered person  who  applies  to  such  officer  for  the  entry  of  his  name  as 
an  elector,  the  said  officer  shall  administer  to  the  pei'sou  the  prescribed 
oath,  which  shall  be  filled  out  in  writing  in  the  book  of  affidavits, 
signed  by  the  applicant  and  attested  by  the  officer.  If  the  officer  still 
is  not  fully  convinced  of  the  right  of  the  person  to  registry  he  may  pro- 
ceed as  directed  in  Sees.  2G-27,  Chap.  I,  of  this  Act,  defining  the  duty 
of  Registers  in  such  cases.  If  the  census  officer  shall  decide  in  favor  of 
the  right  of  the  person  to  registry,  he  shall  enter  his  name  in  his  census 
book  in  all  particulars  as  required  in  Sec.  33  of  this  Act.  The  census 
officer  shall  then  make  out  and  deliver  to  the  person  a  certificate  of  regis- 
tration for  the  current  electoral  year,  taking  the  receij)t  of  such  person 
therefor. 

Sec.  23.  At  the  close  of  each  census  each  census  officer  other  than  a 
Register  shall  deliver  to  the  proper  Register  all  the  books  and  papers 
with  which  he  was  intrusted  or  which  were  used  by  hjm  in  the  perform- 
ance of  his  duties,  except  the  papers  necessarily  detached  and  given  to 
electors,  and  all  books  and  papers  relating  to  such  cases  shall  remain  in 
the  proper  registry  office  as  part  of  its  permanent  records.  Registers 
shall  keep  the  records  of  the  several  precincts  of  their  districts  separately, 
except  the  names  of  electors  of  the  ofiicial  registry,  which  shall  be  placed 
therein  in  the  order  of  entry. 

Sec  24.  Each  register  shall  take  the  lists  returned  by  his  census 
officers  and  compare  them  with  the  official  register.  In  the  proper  col- 
umn, at  the  right  of  the  names  in  the  official  registry  and  opposite  each 
name  therein  which  he  finds  checked  in  the  census  lists,  and  in  the 
column  the  figures  at  the  head  of  Avhich  indicate  the  current  year,  he 
shall  insert  the  capitals  R.  R.,  signifying  registration  renewed,  and  v/hen 
a  new  certificate  has  been  given  the  capitals  R.  R.  C.  He  shall  then  add 
to  the  official  register  consecutively  the  names  in  the  census  lists  of  per- 
sons who  are  registered  in  the  district  for  the  first  time,  or  w^ho,  having 
once  lost  their  right  of  registration  have  regained  that  right,  entering  all 
the  particulars  required  under  the  proper  heads.  Each  Register  shall 
commence  to  cojoy  from  the  census  lists  into-  his  official  Register  on  the 
first  business  day  of  February  of  each  year,  and  continue  the  work  with 
diligence  to  its  completion. 

Sec  25.  Unregistered  persons  and  electors  whose  registration  has  not 
been  renewed  for  the  current  year,  may  apply  for  registration  at  the  reg- 
istry office,  during  official  business  hours,  except  at  the  times  preceding 
and  during  elections,  in  which  I'cgistration  is  closed. 

Sec  2G.  Eveiy  person  applying  for  the  first  time  for  registration  shall 
take  and  subscribe  the  following  oath  or  affiimation  before  he  shall  be 


REGISTRATION,    ETC.  27 

entitled  to  have  his  name  registered;  provided,  that  no  person  who  took 
said  oath  at  the  time  of  a  previous  registration  in  this  State,  and  can 
adduce  satisfactory'  evidence  thereof,  shall  he  required  to  take  this  oatb  a 
second  time,  to  wit:  "  I  do  solemnly  swear  (or  affirm)  that  I  am  a  citizen 
of  the  United  States,  and  that,  if  I  shall  remain  a  resident  meantime, 
which  I  intend  to  do,  I  will  actually  and  not  constructively,  have  resided 

in  the  State months,  and  in  the  county days,  next  preceding 

the  day  of  the  next  ensuing  election  (or  in  case  of  a  municipal  incorpora- 
tion such  time  as  may  be  required  by  the  Act  of  incorporation),  and  that 
I  am  not  registered  elsewhere  in  this  State.  So  help  me  God."^  [Or 
under  the  pains  and  penalties  of  perjury.]  When  a  naturalized  citizen 
shall  apply  for  registration  he  must  produce  his  certificate  of  natursliza- 
tion,  unless  it  shall  be  proved  to  the  Register,  either  by  the  oath  or  affirm- 
ation of  the  applicant,  or  by  that  of  one  or  more  credible  citizens  as  to 
the  credibility  of  such  applicant,  that  such  certificate  is  lost,  destroyed  or 
beyond  the  reach  of  the  applicant.  If  such  proof  shall  be  made  and  the 
applicant  is  otherwise  qualified,  the  Register  shall  enter  his  name  as  an 
elector,  provided,  in  case  of  loss  or  failure  to  produce  his  certificate, 
the  Register  shall  ask  him  the  following  questions:  1.  In  what  year  did 
you  come  to  the  United  States?  2.  In  what  State,  County,  Court  and 
year  did  you  declare  your  intention  to  become  a  citizen?  3.  In  what 
State,  County,  Court  and  year  were  you  finally  admitted  to  citizenship? 
4th.  Whei-e  did  you  last  see  your  certificate  of  naturalization?  The 
answers  to  the  above  questions  shall  be  taken  clovv^n  in  the  form  of  an 
affidavit,  which  shall  be  subscribed  and  sworn  to  by  the  applicant,  re- 
tained by  the  Register,  and  by  him  handed  over  to  his  legal  successor; 
provided,  that  the  same  person  shall  not  be  required  to  make  the  same 
affidavit  twice  in  the  same  registration  district. 

Sec.  27.  Each  Register  may  put  such  questions  to  persons  applying 
for  registration  touching  their  right  to  the  same  as  he  may  deem  perti- 
nent and  proper.  If  satisfied  of  the  right  of  the  person  to  register,  the 
Register  may  enter  the  name  of  the  person  in  the  official  register.  If  not 
fully  satisfied  in  this  respect,  or  if  the  a]:)plicant  shall  be  challenged  as  to 
his  right  to  register,  the  Register  shall  require  him  to  answer  the  follow- 
ing questions:  1.  Are  you  a  citizen  of  the  United  States?  2.  Are  you 
or  will  you  be  twenty-one  years  of  age  prior  to  the  next  ensuing  election? 
3.  On  the  day  of  the'next  ensuing  election,  if  remaining  meantime  therein, 
will  you  have  resided  in  this  State months  actually,  and  not  con- 
structively, and  in  the  county days  (or  in  the city  or  town  — — 

days  or  mouths,  as  required  by  the  Act  of  incorporation).  4.  Are  you 
now  a  resident  of  any  election  precinct  in  this  registration  district,  and 
what  is  the  number  of  such  precinct?  5.  Are  you  registered  for  this 
election  year  in  any  other  registration  district  in  the  name  you  have 
given,  or  in  any  other  name  ?  If  any  exce})t  the  fifth  of  the  foregoing 
questions  shall  be  answered  in  the  negative,  and  that  shall  be  answered  in 
the  affirmative,  the  applicant  shall  not  be  registered;  but  if  the  applicant 
shall  answer  all  except  the  fifth  oi  the  foregoing  questions  in  the  affirmative, 
and  that  i]i  the  negative,  ho  shall  bo  registered,  unless  from  further  ques- 
ti(ms,  or  from  circumstances  or  knowledge,  the  Register  shall  still  be- 
lieve that  the  applicant  is  not  qualified  to  be  an  elector.      ^ 

Sec.  28,  Applicants  whose  registration  has  been  i-efused,  or  persons 
whose  names  have  been  erased  or  cancelled  by  a  Register  from  the  list 
in  his  official  register,  when  no  question  of  crime  is  directly  involved, 
shall  bo  entitled  to  a  trial  of  their  right  to  registration  before  a  board  of 
arbitration,  to  consist  of  ^jot  less  than  three  reputable  electors  of  the 


28  REGISTRATION,    ETC. 

registration  district,  one  to  be  selected  by  the  Register,  one  by  the  person 
whoso  registration  has  been  refused,  or  whose  name  has  been  erased  or 
oanc'eUod  in  the  official  register,  and  the  third  by  the  other  two  electors. 

Sec.  2'J.  Wlien  a  refused  applicant  for  registration,  or  a  person  whose 
name  has  been  erased  or  canceled  on  the  ofKcial  register  shall  submit  his 
case  to  such  board,  its  decision  shall  be  final  as  between  himself  and  the 
Register. 

Si:c.  30.  The  nicmliers  of  the  board  shall  be  bound  upon  oath  to  hear 
and  consider  fairly  all  pertinent  evidence  presented  and  to  give,  according 
to  their  best  judgment,  an  imp.artial  and  just  decision.  If  the  decision  of 
the  board  shall  he  favoral)lc  to  the  person  Avhose  right  of  registration  has 
been  tried,  the  Register  shall  enter  his  name  in  the  official  register. 

Sec.  81.  Persons  not  wishing  to  submit  their  cases  to  such  a  board, 
whose  applications  for  registry  have  been  refused,  or  such  persons  whose 
names  have  been  erased  or  canceled  in  the  official  register,  may  appeal  to 
the  District  Court  of  the  county,  or  to  the  Judge  thereof,  for  a  writ  of 
mandamus  to  compel  the  proper  officer  to  register  them. 

Sec.  32.  Any  elector  of  a  registi-ation  district  may  apply  to  the  Dis- 
trict Court  of  the  county,  or  to  the  Judge  thereof,  to  compel  the  Register 
of  said  district  to  erase  from  the  official  registry,  and  from  all  registry 
lists,  the  name  of  any  person  registered  therein,  whom  the  applicant  may 
know,  or  can  prove  is  not  a  qualified  elector;  provided,  that  the  Register 
and  the  said  person  shall  have  notice  and  opportunity  to  be  heard  before 
the  said  court,  or  the  Judge  thereof,  and  of  proving  the  right  of  such 
jjerson  to  registry. 

Sec.  33.  AVhen  the  Register  is  fully  satisfied  of  the  right  of  an  appli- 
cant to  registry,  or  has  been  ordered  by  the  proj^er  court  to  register  the 
name  of  an  applicant  whom  he  has  refused,  he  shall  enter,  under  the 
proper  head  in  the  official  register,  the  name  (with  the  first  or  given  name 
in  full,  if  practicable),  the  age  and  nativity  of  the  elector,  together  with 
the  number  and  name  of  the  election  precinct,  and  a  particular  designa- 
tion of  the  house  or  room  in  which  the  person  I'esides,  so  that  the  same 
can  be  found  without  difficulty,  a  brief  description  of  the  person  of  the 
elector,  as  to  complexion,  color  of  eyes,  hair  and  beard,  hight — whether 
below  or  above  medium;  form — whether  spare,  medium  or  heavy  set. 
"W'iien  the  person  so  registered  is  of  foreign  birth  the  fact  of  the  exhibi- 
tion or  failure  to  exhibit  the  certificate  of  naturalization  shall  be 
noted.  If  any  person  shall  fail  to  designate  his  residence  wdth  the  j^ar- 
ticularity  described  in  this  section,  he  shall  not  be  registered. 

Sec.  34.  The  Register  shall  make  out  and  tender  to  each  person  regis- 
tered, and  to  each  person  where  registration  is  renewed,  a  certificate  of 
registx-ation ;  and  ho  shall  take  from  each  person  to  whom  a  certificate  is 
given  a  written  acknowledgment  of  its  delivery  attested  by  the  signature 
of  such  person. 

Sec.  35.  A  resident,  within  the  meaning  of  this  Act,  shall  be  construed 
to  be  a  person  who  has  resided,  or  if  he  shall  remain  therein  mean- 
time, will  have  resided  in  the  State  and  in  the  county  and  precinct  the 
time  prescribed  by  law  preceding  the  day  of  the  next  ensuing  election. 

Sec.  36.  The  electoral  year  shall  commence  on  the  first  day  of  Jan- 
uary and  end^on  the  31st  day  of  December  of  each  year.  Whenever,  in 
the  same  year  there  shall  be  held,  in  the  same  registration  district,  more 
than  one  general  or  municipal,  or  special  election,  any  person  registered 
for  any  one  of  such  elections  shall  be  deemed  registered  for  all  subse- 
quent elections  in  the  same  year;  but  electors  who  have  changed  their 
place  of  residence  since  their  registration  shall  be  requested  to  give  to 


REGISTRATIOX,    ETC.  29 

the  Eegister  due  notice  of  the  fact.  An  elector  who  shall  have  left  a 
registration  district  in  the  same  j-ear  after  his  registration  therein,  not 
intending  to  return,  and  shall  have  been  absent  from  the  same  six 
months,  shall  lose  his  right  of  registry  therein,  and  on  proof  of  the  facts, 
his  name  shall  be  canceled  in  the  official  register  and  in  all  registry  lists. 

Sec.  37.  On  the  second  Monday  of  April  of  each  year  each  Register 
shall  publish  and  continue  to  publish  for  twenty  days  thereafter,  in  his 
registration  district,  an  alphabetical  list  for  each  precinct  of  the  names 
of  all  the  persons  therein  who  have  been  registered  or  whose  registra- 
tion has  been  renewed  during  the  current  year,  commencing  with  the 
sirname,  and  shall  also  j^ost  not  less  than  three  notices  of  the  same  in 
some  conspicuous  place  in  each  precinct  during  the  same  time.  In  the 
same  manner  and  during  the  same  time,  he  shall  publish  and  post  notices 
that  objections  to  the  right  of  registration  of  any  person  whose  name  is 
on  any  of  the  lists,  or  of  any  person  who  has  been  registered  since  their 
first  publication  will  be  heard  by  him  from  8  eight  to  12  o'clock  in  the 
forenoon,  and  from  2  to  5  o'clock  in  the  afternoon  of  each  business  day, 
for  twenty  days,  and  subsequently  whenever  such  objections  shall  be  jn-e- 
sented  to  him  during  office  hours. 

Sec.  38.  Whenever,  in  any  city  or  incorporated  town  in  this  State, 
the  general  primary  election  for  city  o:^^town  officers  is  fixed  by  law,  at 
any  time  in  each  3'ear,  previous  to  the  first  day  of  May,  the  Eegisters  of 
the  respective  Registration  Districts  within  such  city  or  town  shall  pub- 
lish and  post  the  lists  of  electors  registered,  or  re-registered,  previously 
during  the  current  year,  at  least  two  weeks  before,  and  from  that  time 
up  to  the  time  of  such  election,  and  they  shall  give  notice,  in  like  man- 
ner, that  objections  to  the  right  of  registry  therein  will  be  heard  at  their 
respective  offices  until  the  fourth  day  preceding  such  election. 

Sec.  39.  On  the  second  Monday  of  August  of  each  year,  and  from 
that  day  to  the  day  of  the  general  primary  election,  each  Eegister  shall 
publish  and  post  lists  of  the  names  of  those  who  have  been  registered, 
and  of  those  whose  names  have  been  erased  or  canceled  on  the  Official 
Eegister  since  the  second  Monday  of  April;  and,  also,  shall  publish  and 
j)ost  notices  that  objections  to  the  right  of  any  registered  person  to  reg- 
istry will  be  heard  from  the  date  of  notice  to  the  fourth  day  previous 
to  the  day  of  the  general  primary  election.  On  the  third  Monday  pre- 
ceding the  day  of  the  general  final  election,  each  Eegister  shall  pub- 
lish and  post,  in  like  manner,  lists  of  the  names  of  those  who  have  been 
registered,  and  of  those  whose  names  have  been  erased  or  canceled  in 
the  Official  Eegister  since  the  publication  of  the  lists  in  August,  and 
shall  give  notice,  in  the  same  manner,  of  his  readiness  to  hear  and  tiy 
objections  to  the  rights  of  registered  persons  to  registry  until  the  fifth 
day  preceding  the  general  final  election. 

Sec  40.  OI)jections  to  the  right  to  register,  and  to  vote,  shall  be 
made,  in  writing,  l)y  a  qualified  elector,  and  shall  set  forth  the  ground  of 
objection,  or  disqualification,  and  shall  be  sworn  to  (or  affirmecl)  as  tiiie, 
to  the  l)est  of  the  knowledge  and  belief  of  the  objector.  A  cojoy  of  the 
objections,  with  the  name  of  the  objector,  shall  be  served  ol^  the  i:)erson, 
or  left  at  the  i)lace  of  his  residence,  and  with  this  copy  shall  be  served, 
in  like  manner,  a  copy  of  a  notice  requiring  the  person  objected  to  to  ap- 
2?ear  before  the  Eegister,  at  a  certain  time  and  place  within  the  Eegistra- 
tion  District,  and  answer,  under  oath,  questions  that  may  be  jiut  to  him 
by  the  Eegister  as  to  his  (qualification  as  an  elector;  but  i:)ersonal  servict 
shall  be  requii-ed  when  objections  arc  made  on  the  last  day  that  objec- 
tions can  be  received.     Objections  made  on  this  day  shall  bo  tried  on  the 


30  REGISTRATION,    ETC. 

next  day  thereafter.  No  such  objection  shall  be  triscl  unless  it  appear, 
bv  the  return  of  the  officer,  or  a  sworn  statement  of  an  elector  of  the 
county,  that  such  objections  were  duly  served  by  coj^y,  as  required  by 
this  Section  of  this  Act,  at  the  time  specified  in  the  notice,  or  at  an- 
other time  t(.)  which  the  hearinj^'  may  bo  adjourned.  After  proof  of  no- 
tice tlio  liegistcr  shall  proceed,  if  the  person  shall  be  present,  to  examine 
him,  under  oath,  as  to  the  matters  specilied  in  such  written  objections, 
and  f:fouerally  as  to  his  qualilications  as  an  elector.  If,  by  such  exam- 
ination, or  other  evidence,  the  ilep;'ister  shall  be  satisfied  that  the  person 
is  not  a  qualified  elector,  or,  if  the  person  shall  fail  to  aj^pear  at  the 
time  and  place  designated  in  the  notice  served,  or  to  show  cause  for  his 
non-appearnce,  the  llegister  shall  cancel  his  name  on  the  Official  Regis- 
ter. Any  person  whose  name  has  been  so  canceled  may  appeal  to  the 
Disti-ict  Court,  or  to  the  Judge  thereof,  for  a  writ  of  mandamus  to 
compel  the  registry  of  his  name. 

Sec.  41.  On  or  before  the  tenth  day  jireceding  the  time  fixed  by  law 
for  the  holding  of  any  election  in  this  State,  each  Register  shall  appoint 
a  Deputy  Register  in  each  election  precinct  of  his  Registration  District, 
in  which  the  Registry  ofiice  is  not  situated,  and  in  that  precinct  also,  in 
case  of  the  inability  of  the  Register  to  serve,  to  act  as  Register  during 
the  time  fixed  by  law  for  receiving  and  counting  votes,  correcting 
such  count  and  making  up  the  official  returns  of  such  election.  The 
Register  shall  procure  a  suitable  transcrii^t  book  for  each  precinct,  ex- 
cept that  in  which  the  Registry  office  is  situated,  in  his  Registration 
District,  into  each  of  which  he  shall  have  copied,  carefully,  from  the 
official  Register  the  names  of  the  electors  of  the  proper  precinct,  making, 
opposite  each  name  on  the  transcript  book,  all  the  entries  in  the  of- 
ficial Register  that  may  assist  in  identifying  the  electors. 

Sec.  42.  Each  Register  shall  also  prepare  written  or  printed  alpha- 
phabetical  lists  of  the  electors  of  the  several  precincts,  for  the  use  of 
collectors  and  other  legally  qualified  i-eceivers  of  votes. 

Sec.  43.  Each  Register  shall  provide  two  poll  books  for  each  election 
precinct,  into  which  he  shall  copy,  carefully,  from  the  Official  Register, 
in  alphabetical  order,  the  names  of  the  electors  of  each  precinct,  and, 
in  the  margin,  at  the  left  of  each  name,  he  shall  enter  its  number  in  the 
Official  Register.  One  of  these  poll  books,  for  said  precinct,  shall  be 
used  by  the  Register,  or  a  deputy  acting  as  Register,  in  the  same  for 
three  days  jDrevious  to  each  election,  when  receiving  votes,  and  when 
checking  and  transferring  votej  received  by  collectors,  and  other  receiv- 
ers of  votes;  and  it  shall  be  used  also  by  the  Register,  or  a  Deputy  Reg- 
ister, when  acting  as  one  of  the  clerks  of  election,  on  the  day  of  elec- 
tion, and  subsequently  in  checking  and  making  coimts,  corrections  and 
returns.  The  other  poll  book  for  the  precinct  shall  be  used  by  the  other 
clerk  of  the  election,  for  the  same  purposes,  during  and  after  the  day  of 
election. 

Sec  44.  All  wilfully  false  and  corrupt  swearing  before  a  Register,  or 
other  officer  of  election  legally  authorized  to.  administer  oaths,  shall  be 
deemed  perjury,  and  shall  be  punished  as  such. 

Sec  45.  Any  registered  elector  about  to  move,  or  having  moved  from 
one  Registration  District  to  another,  not  less  than  four  days  jorior  to  an 
election,  may  apply  to  the  Register  of  the  district  in  which  he  was  regis- 
tered for  the  cuiTent  election  year,  and  have  his  name  canceled  upon  the 
Official  Register  of  said  district.  On  application,  the  Register  shall 
make  and  deliver  to  said  j)erson  a  written  certificate,  stating*  the  date  on 
which  he  was  registered  in  the  Official  Register  of  Registration 


ELECTION    PRECINCTS,    ETC.  31 

District,  in  tlie of,  in  the  county  of ,  and  that  the  name  of 

said  elector  has  been  canceled  thereon  at  his  request.  This  certificate 
shall  entitle  such  person  to  have  his  name  registered  in  any  other  Regis- 
tration District  of  any  county  of  the  State  for  such  election,  provided 
that  the  Register  receiving  from  such  person  his  certificate  of  registra- 
tion is  satisfied  that,  if  the  said  person  shall  continue  to  reside  within 
the  precinct  to  which  he  wishes  to  be  transferred,  within  the  district  of 
■which  that  officer  is  Register,  until  the  day  of  the  nest  ensuing  election, 
he  will  then  be  entitled  to  vote. 

Sec  46.  Before  entering  upon  the  duties  j^rescribed  by  the  Act,  all 
Registers  or  DejDuty  Registers  shall  take  and  subscribe  severally,  before 
any  officer  authorized  to  administer  oaths,  the  following  oath  or  affirma- 
tion, which  shall  be  filed  in  the  offices  of  the  Clerks  of  the  respective 
counties,  to-wit: 

I,  Register  (or  Dej^uty  Register)  for  Registration  District  No. , 

in  the  of,  in  the  county  of  ,  and  State  of ,  do  sol- 
emnly swear  (or  affirm)  that  I  will  j^erform  all  the  duties  of  Register  (or 
Deputy  Register)  required  of  me  in  and  for  said  Registration  District,  ac- 
cording to  law  and  the  best  of  my  ability,  and  that,  in  the  discharge  of 
my  official  duties,  I  will  endeavor  honestly  to  prevent  fraud,  deceit,  or 
any  other  abuse  of  the  elective  franchise,  or  of  the  rights  of  electors.  So 
help  me  God  (or  under  the  pains  and  penalties  of  perjui-}'.) 

Sec.  47.  The  salary  of  the  Register  shall  be  one  dollar  per  annum 
for  each  elector  registered  in  his  Registration  District.  Each  Register  and 
each  acting  Deputy  Register,  shall  receive  in  addition  five  dollars  per 
day  for  the  three  days  preceding  each  election,  and  the  same  for  each 
day  while  receiving  votes  at  his  office  while  acting  as  a  member  of  an 
Election  Board.  For  attending  at  each  public  meeting  of  the  electors 
he  shall  receive,  in  addition  to  the  above,  five  dollars.  For  all  copies 
of  records,  made  at  the  request  and  for  the  use  of  any  unofficial  person, 
he  shall  receive  an  additional  fee  of  — — ■  per  folio.  For  all  certificates 
of  transfer  he  shall  be  entitled  to  an  additional  fee  of  . 

Sec.  48.     Collectors  and  receivers  of  votes,  other  than  the  Register  or 

acting  Register,  and  officers  of  Election    Boards,  shall  receive  

cents  for  each  vote  received. 

Sec  49.  The  officer  of  registry  who  takes  the  census,  shall  be  enti- 
tled to  a  fee  of  cents  for  every  person  by  him  first  registered  as 

an  elector,  or  re-registered  after  having  lost  his  right  of  registration ;  and 

for  every  person  re-registered  who  had  not  lost  the  right,  cents. 

If  the  Register  shall  perform  personally  this  duty,  he  shall  receive  the 
above  compensation,  in  addition  to  that  j)i'0"^ided  for  in  Section  47, 
Chapter  I. 


CHAPTER    II. 

ELECTION    PKECINCTS INSPECTORS CLERKS. 

Sec.  1.  The  Commissioners  of  each  county  shall  establish  precincts 
therein,  accurately  defining  their  boundaries,  and  immediately  thereafter 
shall  publish  and  post  notices  of  this  action  in  each  newly  formed  precinct, 
accurately  describing  said  precinct.  The  County  Commissioners  of  each 
county  shall  also  set  off  and  establish  from  existing  precincts,  when  it 
may  be  necessary,  new  precincts,  upon  a  petition  of  ten  or  more  quali- 
fied electors  of  the  county,  provided  they  shall  be  located  eight  miles  or 
more  from  any  previous  polling  place,  and  th-ct  the  precincts  shall  be  es- 


32  ELECTION   PRECINCTS,    ETC. 

talilisliod  at  least  twenty  days  before  aiw  ft'eiieral  primary,  or  general 
final  I'leotion;  and  at  least  tit'tcen  days  before  primary  or  linal  elections, 
and  at  least  ten  days  before  any  special  election;  they  shall  ai)point  two 
capable  and  discreet  persons,  wlio  shall  be  electors  of  tlie  precinct,  and, 
either  non-jiartisan  or  not  of  the  same  political  party,  to  act  as  Inspect- 
or.; of  the  election  in  such  precinct.  The  County  Clerk  shall  make  out 
and  deliver  to  the  Slieriff,  immediately  after  the  appointment  of  such 
Inspectors,  a  notice  thereof,  in  -writing,  directed  to  the  said  Inspectors, 
and  another  notice,  in  writing,  directed  to  the  Register  of  the  Registration 
District  in  which  such  precinct  is  situated,  describing  it,  and  instructing 
the  Register  to  i^erform  the  olilcial  acts  in  reference  thereto,  required  by 
law,  which  notice  shall  be  served  within  ten  days  by  the  Sheriff.  In 
each  existing  regularly  estal)lished  precinct  two  Inspectors,  who  shall  be 
electors  of  the  prei-inct,  and  either  non-partisan  or  not  of  the  same  po- 
litical party,  shall  be  appointed  by  the  School  Trustees  having  jurisdic- 
tion over  the  public  schools  therein,  in  each  year,  at  least  twenty  days 
before  any  general  election,  and  ten  days  before  any  special  election 
therein.  The  Insi)ectors  of  each  precinct,  at  each  election,  shall  choose 
one  clerk,  Avho  shall  be  an  elector  of  the  precinct.  Immediately  after 
their  appointment  of  Inspectors,  the  School  Trustees  shall  notify  the 
Register  of  the  Registration  District  which  includes  the  precinct  or  pre- 
cincts for  which  the  appointments  have  been  made,  of  the  same;  and, 
within  live  days  after  such  notice,  the  Register  shall  make  out  and  serve 
ujion  each  of  the  persons  so  ap])ointed  a  notice  of  his  appointment. 

Sec.  2.  If  any  person  appointed  as  Inspector  for  any  precinct  is  un- 
Avilling  to  serve  as  such,  he  shall  notify  the  officers  by  whom  he  was  ap- 
pointed of  the  fact  within  three  days  of  the  time  of  receiving  official  no- 
tice of  his  appointment.  Immediately  on  such  notification  the  appoint- 
ing officers  shall  appoint  some  other  suitable  person  to  fill  the  vacancy, 
and  within  five  days  thereafter,  or  immediately  if  the  case  be  urgent, 
cause  a  notice  to  be  served  upon  such  person  of  his  appointment.  A 
failure  of  any  person  so  to  notify  the  ])roper  officer,  within  the  time 
stated,  of  his  unwillingness  to  serve  shall  subject  the  person  so  failing 
to  a  penalty  of  not  less  than  ten  nor  more  than  one  hundred  dollars, 
to  be  sued  for  and  recovered  by  such  appointing  officers,  before  any  Jus- 
tice of  the  Peace,  for  the  use  of  the  county.  If,  through  accident, 
sickness  or  inability,  at  the  times  previous  to  the  day  of  election  at 
Avhich  the  Inspectors  are  required  to  attend  at  the  office  of  the  Regis- 
ter, or  of  a  Deputy  Register,  or  on  the  day  of  election,  or  while  pres- 
ent as  a  member  of  the  Election  Board,  any  Inspector  may  be  unabla 
to  serve,  or  if  any  Inspector  shall  then  be  absent,  the  projier  School  Trus- 
tees, or  any  one  of  them,  or,  in  case  such  School  Trustee  is  not  present, 
the  Inspector  present  niay  apjjoint  some  suitable  person  to  fill  the  va- 
cancy. If  no  School  Trustee  or  Inspector  is  present  the  Register,  or 
acting  Deputy  Register,  may  appoint  suitable  persons  to  act  as  Inspect- 
ors until  these  offices  can  be  filled  by  the  School  Trustees.  Any  School 
Trustee  of  the  precinct  present,  when  there  is  such  a  vacancy,  may  him- 
self act  as  Inspector  until  an  Inspector  shall  be  appointed  for  the  same 
by  the  proper  Board  of  School  Trustees. 

Sec.  8.  Each  Register  shall  act  as  one  of  the  clerks  of  election  in  the 
precinct  of  his  Registration  District  in  which  the  registry  office  is  situ- 
ated on  the  day  of  election,  and  as  umpire  in  matters  connected  with  the 
official  duties  of  the  election  board  in  regard  to  which  the  two  Inspectors 
cannot  agi'ee.  Each  Register  shall  appoint,  for  each  of  the  other  pre- 
cincts of  his  Registration  District,  a  Deputy  Register,  who  is  an  elector 


INITIAL    PUELIC    ACTION,    ETC.  33 

of  the  precinct,  to  act  as  Eegister  therein  during-  the  three  days  imme- 
diately preceding  each  general  election,  and,  afterward,  as  one  of  the 
clerks  of  the  Election  Board  for  the  precinct.  The  title  of  such  deputy 
shall  be  Acting  Eegister.  If  the  person  appointed  by  the  School  Trus- 
tees to  act  as  second  clerk  shall  fail  to  attend  and  act,  or  the  Trus- 
tees shall  fail  to  appoint  such  clerk,  the  Inspectors  may  select  any  per- 
son having  like  qualification  as  themselves  to  act  as  such  clerk;  and,  if 
the  Inspectors  cannot  agree  on  such  election,  the  Eegister  shall  vote  for 
one  of  the  persons  nominated  for  the  office  by  the  Inspectors,  and  thus 
decide  the  election.  AVhen  a  deputy,  appointed  to  act  as  Eegister  in 
any  jn-ecinct,  fails  at  the  proper  time  to  appear  and  act,  the  electors 
thereof  shall  immediately  notify  the  Eegister  of  the  District,  who,  when 
satisfied  of  the  fact,  shall  promptly  appoint  and  dispatch  to  the  proper 
place  within  the  precinct  another  deputy,  to  act  in  the  place  of  the  one 
absent  or  failing  to  act. 

Sec.  4.  Previous  to  the  time  fixed  for  the  perfoiTQance  of  any  official 
duties  by  the  Inspectors  and  Clerks  of  elections  they  shall  severally  take 
the  iprescribed  official  oath,  and,  in  addition  thereto,  an  oath  or  affirma- 
tion in  the  following  form: 

I, ,  do  solemnly  swear  (or  affirm)  that  I  will  perform  the  duties 

of  Inspector  (or  clerk)  of  the  election,  to  be  held  on  the day  of 

,  according  to  law,  and  to  the  best  of  my  ability;  and  that  I  will 

carefully  endeavor  to  prevent  any  manner  of  fraud,  deceit,  or  abuse  in 
conducting  the  same.  So  help  me  God.  (Or,  under  the  pains  and  penal- 
ties of  perjury.) 

Sec.  5.  In  case  no  Judge  or  Justice,  who  is  not  a  member  of  the 
Election  Board,  shall  not  be  present,  the  Eegister  or  the  Acting  Eegister, 
or  either  Inspector;  is  hereby  authorized  ro  administer  the  oath  or  af- 
firmation to  the  other  Inspectors,  and  to  the  clerk  of  election;  and  the 
person  who  administers  the  oath  or  affirmation  shall  cause  an  entry 
of  the  same  to  be  made  in  a  place  in  each  of  the  poll  books  assigned 
for  that  jDurpose. 


CHAPTEE    ni. 

INITIAL   PUBLIC   ACTIOX INFORilATIONS    OF    ELECTORS RETURNS    OF    SAME. 

Sec.  1.  Initial  and  primary,  as  well  as  final  processes  of  public  ac- 
tion are  hereby  declared  subject  to  legal  regulation  and  control.  In  Sec- 
tion 2,  hereinafter,  provisions  are  made:  First,  for"  gaining  informa- 
tion as  to  the  state  of  public  opinion  and  public  welfare;  second,  for 
primary  elections  by  all  electors  of  the  respective  political  divisions; 
third,  for  final  elections. 

Sec.  2.  Each  Eegister  shall  obtain,  within  the  jn'oper  time,  a  suf- 
ficient number  of  IjLink  information  sheets,  such  as  described  in  Section 
11,  Chapter  I,  of  this  Act;  and  on,  or  not  more  than  five  chays  before  the 
twentieth  day  of  May  of  eacli  year,  shall  send  by  mail,  express,  or  car- 
rier, to  1)0  ai:>pointed  by  himself,  one  such  slieet  to  each  elector  of  his 
Eegistration  District,  On  the  availalile  space  of  the  second  inside  page 
of  this  sheet,  and  on  the  next  following  page,  under  the  proper  head- 
ings, as  described  in  Section  11,  Chapter  I,  eacn  elector  may  write,  or 
have  Avritten,  or  have  printed  on  sHps  pasted  thereon,  his  careful  and 
Kpecific  statements  of  facts  or  opinions  respecting  the  evils  or  ])enefits  of 
any  existing  laws,  and  his  recommendations  of  legislative  measures  for 
5 


31  INITIAL    PUBLIC    ACTION,    ETC. 

iho  correction  of  these  evils,  or  the  further  promotion  of  the  public 
•^•oocl.  Each  elector  may  insert,  in  the  same  manner,  on  the  lower  part 
vi  the  second  inside  paj^e  of  the  sheet,  Avhen  the  same  is  available  for 
the  purpose,  or  on  a  half-sheet  attached  thereto,  expressions  of  his  ap- 
proval or  disapproval  of  administrative  practices  and  official  conduct. 
Statements  or  expressions  made  on  printed  slijis  must  be  be  verified  by 
the  si^niatnre  of  the  name  or  initials  of  the  elector,  written  by  himself. 
All  the  titles  of  ofiices  for  which  persons  are  to  be  nominated,  at  the  next 
ensuing'  general  primary  election,  and  chosen  at  the  next  ensuing-  final 
electicm,  shall  be  wi'itten  or  printed  in  the  space  reserved  for  this  pur- 
jiose,  in  their  jiroper  order,  on  the  left  of  the  first  inside  page  of  this 
sheet.  In  the  j^i'oper  columns,  at  the  .light,  opposite  each  title,  each 
elector  may  write,  or  have  written  or  jn-inted,  the  names  of  the  persons 
he  desires  to  recommend  for  each  of  these  offices,  in  the  order  of  his 
preference.  In  each  year  preceding'  that  in  which  a  United  States  Sena- 
tor is  to  be  chosen  by  the  Legislature  of  the  State,  the  title  of  this  of- 
fice shall  be  inserted  immediately  below  the  titles  of  elective  officers,  and 
opposite  this  title  each  elector  may  insert,  or  have  i  nserted  in  like  man- 
ner, the  name  of  the  person,  or  the  names  of  the  persons,  whom  he  j)re- 
fers  and  recommends  for  this  office.  In  each  year  when  Electors  of 
President  and  Vice  President  are  to  be  chosen,  two  spaces  shall  be  left 
above  the  titles  of  the  Presidential  Electors,  for  the  insertion  of  the  titles 
of  President  and  Yice  President.  In  the  proper  column,  at  the  right 
of  these  titles,  each  elector  may  express,  in  the  same  manner,  his  prefer- 
ences and  recommendation  of  pei'sons  for  these  offices.  On  the  upper 
half,  or,  when  necessary,  the  whole  of  the  fourth  page  of  this  sheet,  in 
the  proper  sj)aces,  may  be  inserted:  first,  the  title  of  the  office  and  the 
name  of  any  elective  officer  whose  displacement  the  elector  may  desire 
and  recommend;  second,  the  word  For,  or  the  word  Aggainst;  third,  in 
the  third,  fourth  and  fifth  columns,  in  the  order  of  preference,  the 
names  of  persons  whom  the  elector  prefers  and  recommends  to  replace 
the  officer  or  officers  whose  displacement  is  proposed.  Over  the  first  and 
second  of  these  columns  shall  be  written,  or  printed,  the  word  Displace. 
Over  the  three  remaining  columns  shall  be  written,  or  printed,  the  word 
Replace. 

Sec.  3.  The  address  of  each  elector  shall  be  written,  or  printed,  or 
partly  written  and  i:)artly  printed,  on  the  lower  part  of  the  first  outside 
l^age  of  the  information  sheet,  which  is  to  be  sent  to  him  by  the  Regis- 
ter, and  shall  be  in  the  following'  form : 

The  People  of  the  State  of- 
and  County  of  


To ,  Elector  of Precinct, Registration  District. 

Beneath  the  address,  so  placed  that  it  will  be  entirely  covered  when 
the  sheet  is  folded,  the  following  notice  shall- be  piinted,  and  signed  by 
the  Register: 

Notice. — In  obedience  to  the  act  providing  legal  means  for  gaining  in- 
fonnation  as  to  the  wants,  desires  and  ojiinions  of  the  people  of  this  State, 
you  are  hereby  infonned  that  a  general  primary  election  has  been  ap- 
pcnnted  b}'  law,  to  be  held  in  the  several  election  jirecincts  of  this  coun- 
ty and  State,  on  the  first  Monday  of  September  next,  and  resjoectfully 
requested  to  insert,  or  have  inserted,  in  the  proper  columns  and  spaces 


INITIAL    PUBLIC    ACTION,    ETC. 


35 


in  this  information  sheet,  your  information,  recommendations,  desires 
and  preferences  as  to  the  public  matters,  for  which  legal  provision  has 
been  made.  Any  statement,  recommendation  or  expression  which  vou 
desire  to  make,  except  as  to  public  officers,  may  be  printed  on  suitable 
slijis  of  ])aper,  which  may  be  pasted  in  the  proper  spaces,  but  the  matter 
contained  in  these  slips  must  be  verified  by  the  signature  of  yom-  own 
name  or  initials,  written  by  yourself. 

You  will  insert,  or  cause  to  be  inserted,  in  the  following  order,  and 
under  the  j^roper  heads : 

1.  Your  statements  of  facts  and  opinions  as  to  the  evils,  defects  or 
benefits  of  existing  laws. 

2.  Your  recommendations  of  laws  to  be  made  for  public  benefit. 

3.  Such  expressions  as  you  think  called  for,  as  approval  or  disapproval 
of  administrative  practices,  and  offici'el  conduct,  local,  state  and  national. 
JEach  statement  and  expression  should  be  specific  and  concise,  present- 
ing only  your  definite  and  well  considered  conclusions.  When  several 
distinct  "^statements  or  expressions  of  the  same  kind  are  made  they  should 
be  properly  numbered.] 

4.  The  names  of  those  i^ersons  whom  you  would  recommend  for  nomi- 
nation to  the  elective  offices  for  which  candidates  are  to  be  selected,  at 
the  said  ensuing  primary  election;  (also,  in  the  proper  years)  the  names  of 
persons  preferred  and  recommended  by  you  for  the  offices  of  President 
and  Vice  President  and  United  States  Senator. 

5.  The  names  of  persons  w^hom  you  prefer  and  recommend  for  local, 
state  and  national  offices  which  are  filled  by  appointment. 

6.  The  names  of  any  persons  holding  elective  offices  in  this  State, 
whom,  for  public  reasons,  you  wish  disj^laced.  The  word  For,  or 
the  word  Against,  written  opposite  the  proper  titles  and  names  will 
indicate  j-our  wish  in  this  respect.  Next,  in  the  proper  sj)aces  under  the 
head  "Pieplace,"  insert,  or  cause  to  be  inserted,  in  the  order  of  your 
jireference,  the  names  of  i:)ersons  whom  you  prefer  and  recommend  to 
replace  the  officers  whose  displacement  you  desire. 

In  the  exercise  of  the  rights  and  in  the  performance  of  the  duties  thus 
indicated,  every  elector  should  carefully  put  away  all  undue  personal  or 
party  feeling,  or  j^rejudice,  and  act  conscientiously  for  the  public  good. 
The  law  holds  j-ou  bound  by  your  honor  to  the  sincerity  and  truthfulness 
of  all  statements  and  expressions  made  in  this  information  return,  but 
expressly  free  to  x-evise  and  change  when  convinced  that  the  public 
interest  will  be  better  served  by  different  action.  It  is  both  the  right 
and  duty  of  every  elector  at  all  times,  to  make  what  he  believes  to  be  the 
best  available  choice,  the  more  efi'ectual  assurance  of  which  is  one  of  the 
main  objects  of  the  law  under  which  you  are  to  make  this  return. 
Please  make  out,  sign  and  send  it  to  this  office  on  or  before  the  second 
Monday  of  June  next.  Any  deficiency  of  space  in  this  blank  under  any 
heading  for  your  use,  may  be  obviated  by  fastening  a  half  sheet  to  either 
page  except  the  first,  said  additions  being  properly  niled  first  to  suit 
their  use. 

In  behalf  of  the  People  of  the  State  of , ) 

and  County  of ,  ) 

[Signature.] 
(Eegister's  seal.]  Eegister. 

District. 


36  INITIAL   rUBLIC   ACTION,    ETC. 

Sec.  4.  Each  Ecp-istpr  sliall  pay  the  postal  or  express,  or  other  charg-es? 
oil  these  bhinlcs,  and  shall  enclose  with  each  blank  sent  l)y  post  or  ex- 
press a  postal,  express  card,  having  in  it  a  printed  form  of  receipt,  which 
he  shall  request  each  elector  to  fill  t)ut  with  date  of  receipt  and  signature, 
and  return  to  him  ]iromptly  by  mail  or  express.  Special  carriers  shall  be 
required  to  obtain  from  each  elector  to  whom  they  deliver  a  blank  infor- 
mation sheet,  such  a  receipt  for  the  same  and  return  it  to  the  Kegister. 
Postmasters  and  express  agents  shall  be  requested  by  the  llegister  to 
return  or  deliver  to  him  all  information  sheets  thus  sent,  which  are  not 
called  for  by  the  proper  person,  within  fifteen  days  after  the  time  of  their 
deposit,  in  the  post  or  express  office.  Any  elector  who  has  failed  to  re- 
ceive his  information  blank  wdthin  ten  days  of  the  time  at  which  such 
blanks  were  sent  to  the  electors  of  the  precinct,  on  application  to  the 
Register  shall  be  furnished  w^ith  a  new  one;  but  the  Register  may  with- 
hold such  new  one  when  he  has  good  reason  to  believe  that  the  api^lica- 
tion  is  not  made  in  good  faith  and  for  pi-oper  use.  The  Register  shall 
take  receipts  from  all  postal  and  express  officers  and  carriers  for  each 
information  sheet  entrusted  to  them  for  delivery;  or,  when  he  cannot 
obtain  such  receij^ts  from  postal  officers  and  carriers  for  each  information 
sheet  entrusted  to  them  for  delivery,  or  when  he  cannot  obtain  such 
receipts  from  postal  officer,  he  shall  take  with  him  to  the  joost  office 
one  or  more  reputable  electors  of  the  district  and  obtain  their  written 
certificate  of  such  delivery. 

Sec.  5.  The  blanks  to  be  used  in  making  the  summons  of  returns  of 
information,  with  suitable  modifications,  shall  correspond  with  the  blank 
tally-sheets  and  sets  described  in  Section  11,  Chapter  I,  of  this  Act;  and 
the  method  of  making  the  summons,  with  suitable  modifications,  shall 
correspond  with  the  method  of  making  election  returns,  as  to  j) reposi- 
tions, declarations,  instructions,  acts  and  resolutions  voted  upon  at  pri- 
mary and  final  elections,  and  with  the  method  of  ascertaining  the  results 
of  nominations  for  office,  and  of  expressions  as  to  displacement  and  re- 
placement at  primary  elections,  as  provided  for  and  described  in  Sections 
1  to  G,  Chapter  XIII,  inclusive,  of  this  Act.  After  all  the  necessary 
entries  are  made  in  all  the  several  sets  of  summary  sheets,  they  shall  be 
fastened  together  at  their  heads  for  convenient  reference.  Their  footings 
shall  be  copied  into  a  book,  to  be  called  "  The  Book  of  Summaries." 
Every  other  page  of  this  book,  at  the  right,  shall  be  blank,  and  shall 
be  used  for  noting  and  entering  corrections.  The  Register,  having 
entered  the  results  as  first  obtained  on  the  left  page,  shall  enter 
on  the  opposite  page  the  proper  corrections  of  all  errors  he  may 
discover,  or  that  may  be  pointed  out  and  clearly  shown  to  him  by 
electors.  After  all  corrections  are  thus  entered  on  the  right-hand  page, 
the  true  results  shall  be  entered  on  the  left-hand  page  in  sjiaces  reserved 
for  tbe  purpose.  The  Register  shall  then  make  abstracts  of  the  returns, 
omitting  the  local  expressions  and  recommendations  in  which  not  more 
than  one-twentieth,  in  number,  of  the  electors  of  the  political  division 
concurred. 

Sec.  G.  Within  ten  daj-s  after  the  day  of  final  returns  of  information, 
the  Register  shall  complete  his  summaries  and  abstracts  of  the  same,  and 
make  out  and  publish  in  the  several  precincts  of  his  district  for  twenty 
(20)  days,  a  notice  of  the  tenor  and  form  and  summarising  the  general  re- 
sults after  the  following  manner,  viz: 

XoTicE. — Electors  of  this  Registration  District  have  made  due  return 
of  their  infonnations,  and  the  following  is  a  general  summary  of  the 
results : 


INITIAL    PUBLIC    ACTION,    ETC.  37 

electors  have  concurred  in   stating  that  the  existing  statistics 

in  reference  to are  defective  Avith  reference  to ,  and  that 

the  following  evils  result  therefrom: 

electors  have  concurred  in  the  statement  that  a  statute  is  re- 
quired embracing  the  following  provisions:    

And  that  the  following  existing  evils  are  due  to  the  want  of  such  legis- 
lation : 

Electors  have  concurred  in  recommending  the  enactment  of  a 

law  providing  for ,  and  have  stated  the  following  as  the  public 

benefits  which,  in  their  opinion,  will  result  therefrom: 

Electors  have  concurred  in  expressing  their  ojoinion  condemna- 
tory of  the  practice  of ,  in  reference  to ,  business  of  the 

office  of  this  county;  and  of  the  official  conduct  of ,  in  refer- 
ence thereto: 

Electors  have  concurred  in  aj^proval  of  the  action  of  the  Gov- 

ex*nor  of  this  State  in  reference  to . 


Electors  have  recommended  A.   K for  postmaster  of  the 

village  of .  / 

Electors  have  recommended  the  retention  of  N.  L ,  jDresent 

postmaster  of  the  village  of . 

Electors  have  concurred  in  the  expression  of  their  confidence, 

generally,  in  the  present  National  Administration,  and  their  approval  of 
its  action  as  to ,  and  their  disapproval  of  its  j^ractice  of ; 

[And  similar  notices  of  all  authorized  statements,  ex2:)ressions  and 
declarations,  in  which  a  sufficient  number  of  electors  have  concurred.] 

The  persons  named  below  have  been  recommended  resj^ectively  by  the 
number  of  electors  placed  opposite  their  names  for  nomination  for  the 
office  designated.  [Here  state  clearly  the  particulars.  The  names  of  per- 
sons who  have  not  received  the  recommendations  of  more  than  one- 
twentieth  of  the  electors  of  their  respective  political  divisions  for  town- 
ship, ward  or  precinct  offices,  and  all  expressions  relative  to  the  public 
affairs  thereof,  which  do  not  receive  more  than  that  number  are  to  be 
omitted.] 

—  Electors   have   recommended   the   displacement   of , 

County  Treasurer. 

Electors  have  opposed  his  disj^lacement. 

Electors  have  recommended ,  to  replace ,  as 

County  Treasurer,  etc.,  in  place  of ,  incumbent. 

Now,  by  direction  of  law,  I  hereby  notify  all  persons  that  the  returns 
and  books  of  information  of  this  district,  from  which  this  summary  has 
been  given,  are  ready  for  examination  and  verification.  Electors  are 
resi)ectfully  requested  to  inspect,  correct  and  verify  the  same,  on  or  be- 
fore the  first  Monday  of  July  next. 

[Signature],  Register. 

Register'^  Office,  etc.  District. 

Sec.  7.  On  or  before  the  third  day  after  concluding  verification,  each 
Register  shall  carefully  enclose  proper  abstracts  of  the  Returns  of  In- 
formation, address  the  package  containing  them  to  the  Clerk  of  the 
county,  and  send  them  l)y  mail,  express,  or  other  safe  conveyance.  On 
the  tenth  day  after  the  first  Monday  of  July,  or  sooner  if  all  the  returns 
of  the  county  liave  been  received,  the  Commissioners  of  the  County  shall 
oi:)en  and  canvass  the  Returns  of  Information. 

Sec.  8.     When  recommendations  are  made  in  reference  to  district  of- 

272328 


38  MUNICIPAL   CORPORATIONS,    ETC. 

ficers,  of  districts  containing-  more  than  one  county,  the  County  Clerics 
of  all  the  counties  of  the  district,  except  that  Avhich  has  been  legally 
desij^nated,  as  provided  in  Section  17,  Chapter  XV,  as  the  one  to  which 
the  returns  of  the  other  counties  of  the  district  are  to  be  sent,  shall  send 
to  the  Clerk  of  that  couuty,  immediately  after  the  abstracts  are  made  by 
the  Commissioners  of  the  county,  an  abstract  of  the  returns  of  the 
county  for  district  officers.  The  Clerk  of  the  county  to  which  the  re- 
turns are  sent,  on  or  before  the  30th  day  of  July,  shall  make  and  certify 
abstracts  of  returns  of  the  district,  as  to  district  officers,  which  ho 
shall  cause  to  be  published  throughout  the  district  from  that  time  to  the 
day  of  the  next  general  primary  election.  All  fees  and  expenses  inci- 
dent to  the  making  and  publication  of  the  returns  of  the  district  shall 
be  apportioned  to  the  several  counties  of  the  same,  in  the  ratio  of  the 
numbers  of  their  electors.  The  Clerk  of  the  legally  designated  county 
shall  also  make  and  send,  at  the  same  time,  a  certified  copy  of  the  ab- 
stract, as  to  district  officers,  to  the  Secretary  of  State.  Each  County 
Clerk  shall  make  and  send  abstracts,  as  to  State  and  national  offices, 
officers  and  affairs,  to  the  Secretary  of  State. 

Sec.  9.  The  Commissioners  of  each  county  shall  complete  their  can- 
vass of  the  information  returns  on  or  before  the  20th  day  of  July,  and 
shall  publish  abstracts  of  the  same  throughout  the  county  from  that  day 
to  the  day  of  the  next  general  primary  election,  showing  the  numbers 
respectively,  of  the  electors  who  concurrred  in  each  statement,  opinion, 
expression  and  recommendation,  omitting  the  statements,  etc.,  and 
names  of  persons  as  to  county  offices,  officers  and  affairs,  which  were 
given,  or  which  were  recommended  by  less  than  one-twentieth  of  the 
number  of  the  electors  of  the  county. 

Sec.  10.  On  or  before  the  15th  day  of  August,  the  Secretary  of  State 
shall  make  uj)  and  certify  the  returns  as  to  State  and  national  offices, 
officers  and  affairs,  stating  specifically  each  distinct  exi^ression,  and  the 
number  who  concurred  therein,  and  publish  abstracts  of  the  same,  show- 
ing these  particulars,  from  that  date  until  the  day  of  the  next  general 
election. 


CHAPTEE    V. 

IXITI.\L    AND     INTEEMEDIAKY    PUBLIC    ACTION    IN    MUNICIPAL     COEPOKATIONS — PEI- 
MARY   ELECTIONS OBJECTS — METHODS. 

Section  1.  At  least  ninety  days  preceding  any  general  final  election 
of  any  municipal  corporation,  the  Registers  of  the  several  Registration 
Districts  of  the  municij^ality  shall  send  blank  information  sheets  to  the 
electors  thereof,  with  directions  for  the  making  up  and  sending  in  their 
returns  within  thirty  days,  and  the  general  primary  election  for  the 
same  shall  be  held  thii-ty  days  thereafter,  or  on  the  Monday  following 
the  thirtieth  day. 

Sec  2.  On  the  fii^st  Monday  of  September  of  each  year  there  shall 
be  held,  throughout  the  State,  a  general  primaiy  election,  for  the  fol- 
lowing objects: 

1.  For  the  nomination,  in  the  pi'oper  year,  of  joersons  as  candidates 
for  precinct,  township,  county,  district  and  State  officers,  including  the 
offices  of  Rejiresentative  in  Congress  and  Electors  of  President  and 
Yice  Prssident;  and,  in  the  years  })receding  the  election  of  a  United 
States  Senator  by  the  Legislature  of  the  State,  the  nomination  of  i^er- 
sons  for  the  office  of  United  States  Senator. 


3trUNICIPAL   CORPORATIONS,    ETC.  39 

2.  For  the  designation,  in  the  proper  year,  by  tlie  electors  of  the 
State,  of  their  choice  of  persons  for  President  and  Vice  President  of  the 
United  States. 

3.  For  the  legal  and  authentic  recommendations  by  the  electors  of  the 
State  with  respect  to  the  apjDointment  of  designated  persons  to  desig- 
nated State  and  national  offices,  which  are  filled  by  appointment. 

4.  For  proposing  the  dis|)lacement  of  elective  officers  who  are  deemed 
by  the  electors  unfit  for  their  offices,  and  for  the  nomination  of  per- 
sons as  candidates  to  be  voted  for  at  the  next  ensuing  general  final  elec- 
tion, to  replace  sach  officers. 

5.  For  voting  by  the  electors,  "For"  or  "  Against "  specific  declara- 
tion, as  to  political  j^rincijDles,  public  policy,  and  public  afiairs. 

6.  For  voting  by  the  electors,  "For"  or  "  Against,"  specific  propo- 
sitions as  to  local,  State  and  national  legislation. 

7.  For  specific  declarations  by  the  electors  as  to  administrative  policy 
and  practice  and  official  conduct,  and  of  their  confidence  or  want  of  con- 
fidence in  a  local,  St^te  or  national  administration,  or  any  ^^art  or  officer 
thereof. 

Sec.  3.  For  the  nomination  of  persons  as  candidates  for  office  at  pri- 
mary elections,  either  of  the  following  plans  may  be  adopted,  in  the  re- 
spective political  divisions  of  the  State,  by  the  votes  of  a  majority  of  the 
electors  of  the  same;  and,  in  the  State,  by  the  votes  of  a  majority  of  the 
electors  of  the  State,  provided  that  the  electors  in  the  smaller  divisions 
which  have  adopted  one  of  these  plans  must  conform  to  the  plan  in  use 
in  the  larger  divisions,  or  in  the  State  Avith  respect  to  the  officers  of  the 
larger  divisions  or  of  the  State.  At  the  first  general  primary  election  held 
under  this  Act  the  first  plan  shall  be  adopted  and  observed,  to-wit: 

First  Plan. — Each  elector  may  vote  for  one  person  as  a  candidate  for 
each  office; 

Second  Plan. — Each  elector  may  vote  for  two  persons  as  candidates  for 
each  office,  his  vote  counting  for  each  five-tenths  (5-10)  or  0.5. 

Third  Plan. — Each  elector  may  vote  for  two  persons  as  candidates  for 
each  office,  his  vote  counting,  according  to  the  order  in  which 
the  persons  are  named,  six-tenths,  four-tenths  (O.G)  and  (0.4.) 

Fourth  Plan. — Each  elector  may  vote  for  three  persons  as  candidates  for 
each  office,  his  vote  counting,  according  to  the  order  in  which 
the  persiony  arc  named,  five-tenths,  three-tenths,  and  two-tenths. 
The  value  of  the  vote  of  each  elector  shall  be  the  same  under 
each  plan,  and  shall  always  be  a  unit,  that  is  to  say,  one. 

Sec.  4.  At  the  first  general  primary  election  held  under  this  Act,  and 
at  all  subsequent  general  i)rimary  election,  the  electors  of  the  several 
election  precincts  and  p(jlitical  divisions  of  this  State  may  vote  For  or 
Against,  opposite  the  following  titles: 

First  method  of  primaries; 
Second  method  of  primaries; 
Third  metliod  of  primaries; 
Fourth  method  of  primaries. 

The  plan  which  receives  the  highest  number  of  the  votes  of  the  elect- 
ors of  any  jiolitical  division  shall  be  adopted  and  observed  in  that  divis- 
ion in  the  nomination  of  persons  as  candidates  for  its  own  offices,  until 
legally  changed  in  the  same  manner  that  it  was  adopted,  and  the  plan 


40  FINAL   ELECTIONS,    ETC. 

Avliich  receives  the  liigliost  mimher  of  A-otes  of  the  electors  of  the  State 
shall  be  so  adopted  and  observed  in  this  State  iu  the  uominatiou  of  per- 
sons for  State  and  national  offices. 


CHAPTEE    VI 


FINAL   ELECTIONS OBJECTS METHODS. 


Section  1.  A  general  final  election  shall  be  held  in  this  State  each 
year,  on  the  next  Tuesday  after  the  first  Monday  in  November,  for  the 
follov^-ing"  objects: 

First,  for  the  election  of  public  officers  at  the  general  final  election  in 
the  year  187-,  and  each  two  years  thereafter.  State  and  district  officers. 
State  Senators  and  Assendjlymen,  and  llepresentatives  in  Congress,  shall 
be  chosen,  and,  in  the  proper  year,  Electors  of  President  and  Vice  Pres- 
ident. At  the  general  final  election  in  the  year  187-,  and  each  two  years 
thereafter,  the  elective  officers  of  the  counties,  and  of  the  several  politi- 
cal divisions  thereof,  and  also  elective  officers  of  municipal  corporations, 
when  their  election  is  not  otherwise  provided  for  by  laAV,  shall  bo  chosen. 
Second,  for  voting  on  all  legislative  acts  legally  submitted  to  the  votes  of 
the  electors.  Third,  for  voting  for  or  against  specific  instructions  to  lo- 
cal legislative  boards  in  the  State  Legislature,  proj^osed  by  a  majority  of 
the  electors  of  the  proper  political  divisions  of  the  State,  at  the  last  gen- 
eral primary  election.  For  voting  on  instructions,  proposed,  or,  at  the 
request  of  those  officers,  to  Representatives  and  Senators  in  Congress,  or 
to  the  State  Senator  or  member  of  Assembly  of  the  district,  as  provided 
in  Section  8,  Chapter  XXI,  of  this  Act.  Fourth,  for  voting  for  or  against 
resolutions  of  apj^roval  or  censure  of  the  local,  State  or  national  admin- 
istration, or  any  part  or  officer  thereof,  in  regard  to  -which  or  when  a  ma- 
jority of  the  electors  of  the  proper  political  divisions,  or  of  the  State, 
expressed  their  approval  or  disapproval  at  the  last  general  primary  elec- 
tion. Fifth,  for  voting  for  candidates  nominated  at  the  last  general  pri- 
mary election  to  replace  elective  officers,  \vhose  displacement  was  pro- 
posed at  that  election  by  a  majority  of  the  electors  of  the  political  di- 
vision in  which  the  ,  office  is  held  and  exercised,  or,  as  to  State  officers, 
by  a  majority  of  the  electors  of  the  State. 

Sec.  2.  The  choice  of  persons  for  elective  offices,  at  final  elections, 
until  otherwise  legally  provided,  shall  be  restricted  only  to  the  persons 
now  legally  qualified  for  the  same.  The  electors  of  the  several  precincts, 
townships,  municipalities,  counties  and  districts  of  this  State,  may  vote 
■at  all  general  primary  elections  For  or  Against  the  following  propo- 
sitions : 

1.  The  choice,  by  electors,  at  final  elections  of  persons  for  elective  of- 
fices in  any  joolitical  division  of  this  State,  and  in  this  State  for  State 
elective  offices,  shall  not  be  restricted,  except  by  the  Constitution  of  this 
State,  and  the  Constitution  of  the  United  States. 

2.  Such  choice  for  each  office  shall  be  confined  to  the  three  persons  who 
received  the  highest  number  of  votes  as  candidates  for  the  same,  at  the 
last  general  primary  election;  provided,  with  respect  to  district  and  State 
elective  offices,  that  the  Chief  Justice  of  this  State  shall  decide  that  this 
restriction  is  consistent  with  the  provisions  of  the  Constitution  of  this 
State,  as  to  the  choice  of  persons  for  these  offices.  The  Attorney  General 
is  hereby  required  to  present  this  question  to  the  Chief  Justice,  within 
sixty  days  after  the  passage  of  this  Act,  for  his  decision. 


PUBLICATION   OF   NOTICES,    ETC.  41 

3.  Such  choice  for  each  office  shall  be  confined  to  the  two  persons 
who  received  the  highest  number  of  votes,  as  candidates  for  the  same  at 
the  last  j)receding  genei-al  j^rimary  election,  with  the  same  provisions 
and  requirements  contained  in  the  second  proposition. 

The  proposition  which  receives  the  highest  nnmber  of  votes  in  any 
county  or  political  division  of  the  same,  at  any  general  primary  election, 
shall  be  adopted  as  the  rule  for  voting  in  all  final  elections  for  its  own  elect- 
ive officers,  until  legally  changed  in  the  same  manner;  and  the  propo- 
sition which  receives  the  highest  number  of  votes  at  any  general  primary 
election,  in  any  district  containing  more  than  one  county,  or  in  the  State, 
shall  be  so  adopted  in  such  district,  or  in  the  State,  in  the  choice  of  dis- 
trict or  State  officei's  at  final  elections;  provided,  that  the  rule  thus  ap- 
proved shall  be  adjudged  constitutional  with  respect  to  district  and  State 
elective  offices;  but  the  electors  of  each  county,  and  each  political  divis- 
ion of  the  same,  shall  conform  to  the  plan  in  use  in  final  elections  in  the 
larger  jDolitical  division  of  which  they  form  part  as  to  the  choice  of 
elective  officers  of  the  same,  and  to  the  plan  in  use  in  the  State  in  the 
election  of  State  elective  officers. 


CHAPTER    VII. 

PUBLICATION   OF   NOTICES   EELATING   TO    GENERAL    ELECTIONS. 

Section  1.  The  Commissioner.!  of  each  county  shall  prescribe  the 
sizes,  texture,  and  color  of  the  ballots,  and  the  size,  make  and  form  of 
the  voting  envelopes  for  enclosing  ballots,  to  be  used  at  each  general 
election;  jjrovided,  these  shall  be  of  a  kind,  or  kinds,  not  difficult  for 
electors  to  obtain;  and,  sixty  days  before  and  from  that  time  up  to  the 
time  of  each  general  election,  they  shall  jjublish,  throughout  the  county, 
a  notice  particularly  describing  the  same. 

Sec  2.  The  Commissioners  of  the  county  shall  cause  their  clerk  to 
make  out  and  deliver  to  the  Sheriff  of  the  county,  at  least  thirty  days  be- 
fore any  general  primai-y,  or  gauei-al  final  election,  three  wiitten  or 
printed  notices  for  each  election  precinct,  which  shall  state  the  time  of 
holding  the  election,  and,  in  their  proper  order,  the  officers  to  be  nomi- 
nated or  elected,  and  all  the  action  which,  under  the  preceding  Sections, 
elector's  are  authorized  or  requested  to  take,  respectively,  at  these  elections. 
These  notices  shall  be  delivered  by  the  Sheriff  to  the  Registers  of  the 
several  Registration  Districts.  The  polling  places  and  the  places  in  each 
election  precinct  at  which  Acting  Registers  will  receive  votes  shall  be  left 
blank;  also  the  names  of  Collectors,  the  places  and  neighborhoods  which 
they  will  visit,  and  the  times  of  their  visits,  shall  ba  left  blank.  These 
places  and  times  shall  be  designated  by  the  Register,  and,  upon  the  re- 
ceipt of  these  iiotices,  he  shall  fill  in  properly  these  blanks.  These  no- 
tices shall  be,  as  nearly  as  circumstances  will  admit,  as  follows: 

Notice  is  hereby  given,  that  on  the day  of  next,  in 


election  pi-ecinct,  of  Registration  District,  there  will  be  held  a 

general  primary  election  (or  general  final  election)  for  the  nomination 
(or  election)  of  persons  to  fill  tho  following  named  offices:  [Here  name 
the  offices  to  be  filled  in  the  proper  order.]  In  case  of  a  general  primary 
el'jction,  there  sliall  bo  added  to  this:  "And  for  the  following  objects." 
JHere  state  all  the  objects  detailed  in  Section  1,  Chapter  V,  which  are  to 
be  voted  upon.] 
6 


42  BALLOTS   TO   BE   USED,    ETC. 

In  case  of  a  fjfenoral  final  election  there  shall  be  added  the  words: 
"  And  for  the  following-  objects:" 

1.  To  vote  for  or  against  the  followinj^  legislative  acts,  legally  submit- 
ted to  the  votes  of  the  electors:  [Here  give  full  lists  of  these  acts,  with 
numbers  and  titles.] 

2.  To  vote  for  or  against  the  following  j^roposed  instructions:  [Here 
insert  the  proposed  instructions,  properly  numbered  and  designated.] 
To  vote  on  special  instructions,  asked  for  by  a  Senator  or  Representative 
in  Congi-ess,  or  a  State  Senator  or  member  of  the  Assembly  of  the  Sena- 
torial or  Assembly  district,  [stating  the  matters  to  which  instructions  are 
desired.  ] 

3.  For  voting  for  or  against  resolutions  of  approval  of  the  local.  State 
or  national  administration,  or  any  x)art  or  officer  thereof. 

4.  ["When  it  shall  appear,  from  official  i-eturns,  that  the  displacement 
of  any  elective  officer  whose  term  of  service  extends  one  year  or  more 
from  the  first  Monday  of  the  next  January,  or  as  proposed  by  a  majority 
of  the  electors  of  the  proper  political  division;  or,  in  case  of  State  officers, 
at  the  last  general  primary  election,  the  notice  shall  contain  the 
following:]  To  vote  for  either  of  the  following  named  candidates 
nominated  to  replace  the  incumbents  of  the  offices  designated.  [Here 
give  the  title  of  each  office  and  the  name  of  the  candidates  for  each  of- 
fice so  nominated.  | 

The  Register  (or  Acting  Register)  will  receive  votes  at  his  office  in  this 
precinct,  [here  the  place  to  be  particularly  described,]  during  all  office 

hours,  on  the , , days  of  preceding  the ■ 

election.     A  Collector  (or  collectors)  of  Votes  will  call  on  the  electors  of 

this  precinct  from of o'clock  a.  m.  to o'clock  p.  m.  of 

these    days    (except  one  hour   of  each  day,   for  intermission)  at  their 
places  of  residence,  business  or  resort,  to  receive,  in  trust,  their  votes, 
which  they  will  safely  carry  and  deliver  to  the  Register;  or,  on  the  day* 
of  election,  to  the  Election  Board,  as  authorized  and  directed  by  law. 

A.  B.  ■  Collector,  will  visit  the  house  of  ,  and  its  neigh- 
borhood, during  the  hours  of  ,  — inst.,  etc.,  etc.,  or  pass 

[over  a  route  to  be  described]  during  hours,  of  _ , ~ 

inst. ,  etc.   All  electors  desiring  to  avail  themselves  of  his  services  will 
please  prepare  for  his  visit,  and  cause  him  no  unnecessary  delay. 

The  Register  shall  see  that  these  notices  are  properly  posted  in  the  sev- 
eral precincts  at  least  twenty  days  before  each  election,  and  that  they  are 
also  published  for  the  same  time,  in  the  usual  manner. 

Sec.  3.     days'  notice  shall  be  given  by  the  Commissioners  of 

the  county,  of  speciaf  elections,  which  notice  sliall  be  filled  in  with  places 

of  voting,  etc.,  in  each  precinct,  by  the  Register, ,  and  by  him 

posted  in  each  precinct days  before  such  special  election. 

Sec.  4.  All  expenses  of  advertising  and  printing  or  posting  notices, 
etc.,  shall  be  paid  out  of  the  County  Treasury,  on  order  of  the  Commis- 
sioners of  the  county,  after  the  accounts  have  been  presented  by  the 
l^roper  officers,  and  have  been  jn'operly  audited. 


be; 


CHAPTER    VIII. 

BALLOTS   TO   B"E   USED   AT   GENERAL   PRIMARY    AND    GENERAL   FINAL  ELECTIONS. 

Section  1.     The  ballots  to  be  used  at  general  primary  elections  shall 


RECEIVERS   OF   VOTES,    ETC.  43 

1.  The  ballot  for  officers,  including,  in  the  proper  years,  precinct, 
township  and  county,  or  district  and  State  officers,  Kepresentatives  in 
Congress,  United  States  Senator,  and  Electors  for  President  and  Vice 
President,  with  designation  of  persons  preferred  for  the  offices  of  Presi- 
dent and  Vice  President,  and,  when  there  is  sufficient  space,  recommend- 
ations of  persons  for  State  and  national  offices,  to  be  filled  by  appoint- 
ment, may  be  made  on  the  same  ballot.  When  there  is  not  space  for 
tbis,  a  separate  ballot  must  be  used  for  this  purpose.  The  titles  for  elect- 
ive offices  shall  be  arranged  on  the  ballot  in  the  order  fixed  by  law. 

2.  Propositions  for  the  displacement  of  elective  officers,  and  the  nom- 
ination of  persons  to  replace  the  same,  shall  be  on  one  ballot.  This 
ballot  shall  be  so  arranged  that  the  elector  may  vote  For  or  Against 
the  displacement  of  an  elective  officer. 

3.  Specific  propositions,  as  to  legislative  action,  shall  be  upon  one 
ballot. 

4.  First,  specific  declaration,  as  to  political  principles,  public  policy, 
and  public  afiairs,  shall  be  on  one  ballot;  second,  specific  declarations, 
as  to  administrative  policy  and  practice,  and  the  official  conduct  of  pub- 
lic officers,  and  of  confidence  or  want  of  confidence,  in  a  local.  State  or 
national  administration,  or  any  part  thereof,  may  also  be  on  the  same 
ballot,  when  the  space  is  sufficient;   or, 

5.  The  second  class  of  declarations  may  be  on  one  separate  ballot. 
All  propositions  and  declarations  shall  be  stated  separately  and  distinctly, 
and  a  space  shall  be  left  opposite  each  specific  proposition  and  declara- 
tion, at  the  right  of  the  ballot,  in  which  may  be  written  or  printed  the 
■word  For  or  the  word  Against.  The  ballots  shall  have  suitable  titles, 
written  or  printed  at  their  heads,  as:  1,  officers;  2,  disj)lacement  or  re- 
placement; 3,  legislative  propositions;  4,  declarations,  first  class,  or  first 
and  second  class;  5,  declarations,  second  class. 

Sec.  2.  At  general  final  elections  the  following  named  ballots  shall 
be  used: 

1.  For  voting  for  persons  for  elective  offices. 

2.  For  voting  for  or  against  legislative  acts. 

3.  For  voting  for  or  against  specific  instructions. 

4.  For  voting  for  or  against  resolutions  of  approval  or  disai^proval  of 
a  local.  State  or  national  administration,  in  whole  or  in  part,  or  of  the 
official  conduct  of  any  officer  threof . 


CHAPTER    IX. 

KECErVEES   OF    VOTES — COLLECTORS THEIR   DUTIES. 

Section  1.  There  shall  he  appointed  in  the  several  Registration  Dis- 
tricts, by  the  Register  thereof,  as  many  Receivers  of  Votes  as  may  be  re- 
quired. The  duties  of  a  Receiver  of  Votes  shall  be  to  receive  votes  in 
trust  from  electors  during  the  three  days  preceding  and  on  the  day  of 
election,  at  the  places  and  in  the  manner  hereinafter  designated  and  de- 
scribed, and  to  send  or  carry  and  deliver  them  to  the  Register  and  one 
or  more  Inspectors  during  the  three  days  preceding  such  election, 
or  on  the  day  of  election,  to  the  Election  Board.  The  Register  shall  bo 
c.r-ojjici.o  a  Receiver  of  Votes. 

Sec.  2.  The  Register  shall  appoint  for  each  precinct  of  his  Registra- 
tion District  as  many  deputies,  to  be  called  Collectors  of  Votes,  Avho  shall 
be  receivers  of  votes,  as  may  be  necessary.     It  sliall  be  the  special  duty 


44  KECEIVEES   OF   VOTES,    ETC. 

of  Collectors  to  visit  the  electors  at  their  residences,  business  places, 
workin;^'  establishments,  places  of  resort,  and  other  convenient  places, 
within  the  precinct,  or  llegistration  District,  from  7  o'clock  in  the  fore- 
noon to  G  o'clock  in  the  afternoon,  during  the  three  da^^s  precedinj^  an 
election;  and  from  G  o'clock  in  the  forenoon  to  4  o'clock  in  the  afternoon, 
on  the  day  of  election,  except  t)no  hour  each  day,  which  they  may  take 
for  refreshment.  Collectors  shall  be  selected  with  special  reference  to 
their  intimate  acquaintance  with  the  respective  localities  of  their  pre- 
cincts, and  the  occupations  and  circumstances  of  the  electors;  and,  more 
especially,  with  reference  to  their  politeness,  activity,  fidelity  and  general 
adaptability  for  this  service.  They  shall  endeavor,  as  much  as  possible, 
to  acconnuodate  those  electors  who  are  closely  occupied  in  industrial, 
commercial  or  other  respectable  employments,  by  calling  ujion  them  at 
the  places  and  times  most  convenient  for  the  jorepai-ation  and  delivery  of 
their  votes.  AVhen  six  or  more  electors  shall  send  timely  information  to  the 
Eegister,  or  Acting  Register,  as  to  the  place,  within  the  precinct  or  Reg- 
istration District,  and  the  time  at  which  they  wish  to  deliver  their  votes, 
the  Register,  or  Acting  Register,  shall  direct  the  proper  Collector  to  call 
upon  them  at  the  place  and  time  designated,  when  he  can  do  so  without 
neglect  of  his  more  general  duties. 

Sec.  3.  Want  of  proper  attention  to  an  elector,  and  especially  any 
rudeness  toward  him  by  a  Collector  or  other  election  officer,  will  be  pnn- 
ished  as  provided  in  Section  1,  Chapter  XXVIII,  of  this  Act;  but  collect- 
ors shall  not  be  required  to  submit  to  unreasonable  anno^'ance  or  delay. 
Electoi's  who  desire  to  avail  themselves  of  the  services  of  these  officers, 
should  be  as  prompt  in  the  preparation  and  delivery  of  their  ballots  as 
circumstances  will  admit.  Collectors  calling  at  any  place  or  residence, 
shall  not  be  required  to  wait  for  admission  more  than  five  minutes,  after 
making  the  proper  signal,  nor  more  than  ten  minutes,  for  any  elector  to 
prepare  and  deliver  his  vote. 

Sec.  4.  Each  Receiver  of  Votes  shall  be  provided  with  an  alphabetical 
list  of  the  electors  of  the  precinct,  containing  descriptions  of  the  persons 
and  residences  of  the  electors;  delivery  and  receipt  book,  a  book  of 
blank  affidavits,  a  suitable  seal  or  stamp,  and  a  suitable  c[uantity  of  blank 
ballots  and  voting  envelopes,  of  the  legally  prescribed  sizes  and  qiiality, 
which  receivers  may  furnish  to  electors  who  may  apply  to  them  for  the 
delivery  of  their  votes;  they  shall  not  write  or  suggest  the  writing  of  any 
name  or  thing  upon  the  ballots.  Collectors  of  votes  shall  be  provided 
also  with  a  receiving  box,  a  suitable  sack,  conveniently  arranged,  and 
with  all  other  materials  and  conveniences  which,  by  experience,  have 
been  found  to  facilitate  and  expedite  the  discharge  of  their  duties. 

Sec.  5.  Due  notice  shall  be  given,  as  sjiecified  in  Section  2,  Chaj)ter 
YII,  of  the  times  of  visits  of  Collector  at  the  princii^l  places  and  neigh- 
boi'hoods  of  each  j)i'ecinct.  These  visits  shall  be  specially  and  carefully 
arranged  by  each  Register  with  a  view  to  the  greatest  public  conve- 
nience. 

Sec.  6.  No  Collector  or  Receiver  of  Votes,  -nor  any  officer  of  an  Elec- 
tion Board,  except  the  Register,  shall  receive  the  vote  of  any  person 
whose  name  is  not  in  an  alphabetical  list  of  the  electors  of  such  pre- 
cinct, furnished  by  the  Register,  or  in  the  j^oH  books  furnished  by  him 
for  such  precinct;  provided,  that  an  elector  Avhose  name  has  been  omitted 
in  copying  from  the  Official  Register,  may  have  the  same  inserted  in  its 
proper  place  on  such  lists,  or  on  the  poll  books,  before  the  daj'  of  elec- 
tion, by  virtue  of  a  written  authority  of  the  Register,  attested  by  his  of- 
ficial seal;  and  that  the  vote  of  such  a  person,  whose  name  is  not  thus 


RECEIVERS   OF  VOTES,   ETC.  45 

restored,  on  proper  proof  of  that  omission,  may  be  received  by  the  Elec- 
tion Board  at  any  meeting  of  the  same,  held  after  the  jireliminary  count. 

Sec.  7.  The  fact  of  the  ajDi^earance  of  the  name  of  any  person  as  an 
elector  on  the  alj^habetical  check  lists  furnished  by  the  Register  shall  be 
prima  facie  evidence  to  collectors,  and  other  receivers  of  votes,  of  the 
right  of  such  elector  to  vote,  and  the  apj)earance  of  a  name  on  the  poll 
books  furnished  by  the  Register,  shall  be  prima  facie  evidence  to  the  of- 
ficers of  an  Election  Board  of  the  right  of  such  person  to  vote;  j)rovided, 
that  when,  from  knowledge  or  information,  any  Receiver  of  Votes,  or  officer 
of  an  Election  Board  apjjointed  to  receive  votes,  shall  have  good  reason 
to  believe  that  the  person  who  offers  the  vote  is  not  the  person  who  was 
registered  in  the  name  he  gives  and  claims  as  his  own,  the  vote  of  such 
person  shall  not  be  received  until  he  has  proved  his  identity  as  the  j)er- 
son  who  was  registered  in  that  name. 

Sec  8.  "When  a  person  applies  to  a  Receiver  of  Votes  elsewhere  than 
at  the  election  polls,  for  the  purpose  of  delivering  to  him  his  vote,  the 
officer  shall  first  see  that  his  name  is  on  a  certified  Registry  List;  or,  if  the 
Register  shall  be  the  receiving  officer,  on  the  Official  Register.  If  the 
name  is  found  thereon,  the  Register  may  question  the  person,  under  oath 
or  otherwise,  as  to  his  identity,  and  ±he  said  officer  may  demand  the  pro- 
duction of  the  person's  certificate  of  registration,  or  the  testimony  of 
two  respectable  citizens,  under  oath,  as  to  his  identity;  after  which  the 
Receiver  may  proceed,  as  prescribed  in  Section  8,  Chapter  XI,  in  the  case 
of  an  elector  who  is  challenged  before  an  Election  Board.  If,  after  this, 
the  Receiver  still  has  reasonable  and  strong  doubts  as  to  the  identity  of 
the  person,  he  may  refuse  to  receive  his  vote;  but  the  person  whose  vote 
has  been  so  refused  may  present  himself  to  the  Election  Board,  either  on 
the  day  of  election  or  after  its  close,  state  the  fact  that  his  vote  was  re- 
fused by  the  Receiver,  and  appeal  to  the  Election  Board  against  the  de- 
cision of  that  officer;  when,  on  presentation  of  satisfactory  proof  of  his 
registration  and  his  right  to  vote,  his  vote  shall  be  received.  When  a 
vote  is  tendered  to  an  election  officer,  by  any  person,  in  a  name  which  is 
already  checked  on  the  officer's  registry  list,  or  in  the  poll  books  of  the 
election  precinct,  the  c[uestion  of  identity  shall  be  at  once  raiaed  and  de- 
cided, in  the  manner  prescribed  in  this  Section;  and,  in  counting,  the 
rightful  vote  shall  be  received  and  the  other  rejected,  a  mark  being  put 
uj)on  the  voting  envelope  of  the  legal,  or  of  the  illegal  vote,  by  which 
they  may  be  clistijiguished  from  each  other. 

Sec.  1).  Any  elector  may  obtain  from  any  of  the  receiving  officers,  or 
the  Election  Board  of  his  precinct,  a  certified  duplicate  of  his  bal- 
lot. When  an  elector,  who  does  not  wish  to  obtain  certified  duplicates, 
desires  to  deliver  his  vote,  he  shall  enclose  his  ballots  in  a  jiroper  en- 
veloi^e,  seal  or  close  the  envelope,  and  write  his  name,  or  have  his  name 
written,  legibly  across  its  face.  The  receiver,  officer,  or  Insjoector  shall 
then  receive  the  envelope  from  the  elector,  and,  in  his  presence,  stamp 
or  write  his  own  name  and  office  across  its  face,  extending  this  stamp  or 
writing  across  the  place  Avhere  the  envelope  Avas  closed.  Electors  may 
sign  their  ballots,  to  be  thus  delivered,  before  enclosing  them,  and  may 
be  advised,  but  not  urged,  by  election  officers,  to  do  so;  or  they  may  im- 
press upon  their  ballots  any  seal  or  stam}),  or  make  uj^on  them  any  mark 
by  which  they  can  identify  them.  Upon  the  receipt  from  an  elector  of 
his  voting  envelope  the  receiving  officer,  or  Inspector,  shall  make  out  and 
sign  a  receipt  for  it,  stating  time  and  place,  and  shall  take  from  the 
elector  a  written  acknowledgement  of  the  delivery  of  the  vote  in  the  pre- 
scribed form,  stating  time  and  place  and  the  name  of  the  officer,  which 


4G  RECEIVERS    OF   VOTES,    ETC. 

acknowledgmont  shall  he  signed  by  the  elector,  or,  if  the  elector  cannot 
sign,  the  ticlcuowlcdgemonfc  shall  be  signed  by  another  elector  whoui 
ho  shall  designate.  When  this  acknowledgment  is  given  the  re- 
ceiving officer  shall  check  the  name  upon  his  list,  hand  the  proper 
elector  his  receipt,  and,  in  his  presence,  put  the  voting  envelope  into  his 
receiving  box. 

Sec.  10.  When  an  elector  wishes  to  obtain  certified  duplicates  of  his 
ballots,  he  shall  prepare  and  sign  the  originals  and  the  duplicates.  Ho 
shall  hand  the  duplicates  to  the  receiving  officer,  or  Inspector.  He  shall 
then  read  from  the  originals,  beginning  with  the  ballots  for  elective  of- 
ficers— first,  the  title  of  the  office,  and  next,  the  name  of  each  person  for 
whom  he  votes,  as  a  candidate  for  the  office,  or  to  fill  the  same.  As 
he  reads  each  name  and  title,  it  shall  be  checked  by  the  receiver,  or  In- 
spector. When  the  duplic^ate  ballots  are  thus  disposed  of,  the  elector 
shall  take  the  ballot  for  displacement  or  replacement,  should  there  be 
one,  and  he  and  the  officer  shall  proceed  in  the  same  way.  The  elector 
shall  then  take  successively  each  ballot,  in  the  order  designated  in  Sec- 
tions 1  and  2,  Chapter  VIII,  and  read  from  them,  one  by  one,  each  legis- 
lative act,  and  each  distinct  proposition,  declaration  and  resolution, 
which,  as  read,  the  receiver  or  Inspector  shall  check.  When  this  is 
done  the  officer  shall  take  the  originals  and  compare  them  with  the  du- 
plicates, correct  discrejoancies  and  errors,  and  stamp  the  duplicates  with 
his  stamp,  and  hand  them  to  the  elector,  who  shall  then  jjroceed  with 
the  originals,  as  prescribed  in  Section  9,  of  this  Chapter,  with  respect  to 
the  delivery  and  I'eceipt  of  votes. 

Sec.  11.  The  Register's  receiving  box  and  the  ballot  box  shall  be  of 
suitable  material  and  construction.  The  receiving  boxes  of  collectors 
shall  be  of  tough  sheet  metal,  with  a  suitable  handle,  and  of  proper  size. 
All  receiving  and  ballot  boxes  shall  have  a  slit  at  the  top  of  the  precise 
dimensions  required  to  admit  a  voting  envelope  of  the  prescribed  size, 
containing  all  the  ballots  which  an  elector  is  authorized  to  enclose  there- 
in, and  so  arranged  that  a  vote  once  put  into  the  box  cannot  be  with- 
drawn. All  receiving  boxes  shall  have  two  good  locks  and  keys  of  differ- 
ent kinds,  and  all  ballot  boxes  one  suitable  lock  and  key. 

Sec.  12.  Between  the  hours  of  4  and  G  o'clock,  in  the  afternoon  of 
the  fourth  day  preceding  an  election,  each  Register,  or  Acting  Register, 
shall  dehver,  at  his  office,  to  each  collector  of  the  precinct,  in  the  pres- 
ence of  one  or  more  of  the  Insjiectors  of  the  same,  a  collector's  receiving 
box.  The  box  shall  be  carefully  examined  by  the  Inspectors,  and  the 
Register,  or  acting  Register,  to  see  that  nothing  is  contained  therein.  It 
shall  then  be  carefully  locked  by  the  Register,  or  Acting  Register,  and 
one  Inspector,  each  retaining  a  key.  A  paper  shall  then  be  pasted  over 
each  lock,  and  so  marked  that  it  cannot  be  removed  without  giving  evi- 
dence, by  its  aj)pearance,  of  the  fact.  The  box  shall  then  be  delivered 
to  the  collector.  At  the  same  time  and  place  the  receiving  box  of  the 
Register,  or  Acting  Register,  shall  be  locked  and  sealed  by  one  or  both  of 
the  Inspectors,  each  Inspector  retaining  a  key,-  or,  when  but  one  Inspec- 
tor is  present,  he  shall  take  both  keys,  handing  one  to  the  other  Inspector 
at  the  first  opportunity. 

Sec  13.  Each  collector  of  votes  shall  make  a  daily  i*eturn  to  the  Reg- 
ister, or  acting  Register,  of  the  proper  precinct  at  half  past  G  o'clock  of 
the  afternoon  during  the  three  days  j)receding  the  day  of  election,  and 
there  publicly,  in  the  presence  of  one  or  more  Inspectors,  deliver  to  him 
his  receiving  box.  An  Inspector  shall  j)ubl:cly  unseal  and  unlock  this 
box,  and  take  therefrom,  one  by  one,  the  voting  envelopes,  calling  each 


RECEIVERS   OF    VOTES,    ETC.  47 

successive  name  found  thereon.  The  othei*  Inspector,  or  some  person  to 
be  designated  bj  the  Inspector  present,  shall  check,  or  double  check, 
each  name,  as  called,  on  the  collector's  registry  list.  The  Register,  or 
acting  Register,  shall  check  each  name,  as  called,  on  his  poll  book,  in 
the  first  checking  column  at  the  right  of  the  name.  As  the  names  are 
thus  checked,  the  envelopes  shall  be  put  into  the  Register's,  or  Acting  Reg- 
ister's, recei\ing  box,  publicly,  by  an  Inspector.  When,  on  examination 
of  the  collector's  list,  it  is  found  that  there  are  names  thereon  which  were 
checked  by  him  that  have  not  been  double  checked,  or  checked  by  the 
Register,  or  acting  Register,  the  collector  shall  be  asked  to  explain,  if  he 
can,  the  discrepancy.  The  Collector's  delivery  and  receipt  book  shall  be 
examined,  and  if  this  presents  evidence  that  the  vote  of  the  elector  whose 
name  was  checked  by  the  collector,  but  whose  vote  was  not  found  in  his 
receiving  box,  was  delivered  to  the  Collector,  the  elector  shall  be  informed, 
by  publication  or  notice  served  upon  him  personally,  and  notified  that  his 
vote  will  be  received  by  any  election  official  authorized  to  receive  votes. 
If  the  Register,  or  Acting  Register  and  Inspecter,  shall  believe  that  the 
loss  of  the  vote  was  accidental,  the  collector  may  be  permitted  to  resume 
his  duties.  If  they  shall  not  be  satisfied  of  this,  he  shall  be  discharged 
from  his  office,  and  the  Register,  or  Acting  Register,  shall  appoint  some 
other  qualified  person  to  act  in  his  place.  If  votes  of  electors  are  found 
in  the  collector's  box  against  whose  names,  in  the  Collector's  list,  there 
are  no  checks,  reference  shall  be  made  to  the  collector's  delivery  and  re- 
ceipt book,  and  if  that  presents  evidence  that  the  votes  Avere  delivered, 
the  proper  checks  shall  be  entered,  and  the  enveloj)es  containing  the  bal- 
lots voted  shall  be  put  into  the  Register's,  or  Acting  Register's,  receiving 
box.  If  the  delivery  and  receipt  book  presents  no  evidence  of  the  delivery 
of  such  votes,  they  shall  be  withheld  and  placed  in  charge  of  the  Register, 
or  acting  Register. 

When  all  the  votes  are  taken  from  the  collector's  boxes,  checked  and 
put  into  the  Register's,  or  Acting  Register's,  receiving  box,  or  are  other- 
wise leg'Blly  disposed  of,  and  all  necessary  entries  and  corrections  are 
made,  the  Collector's  boxes  shall  be  i*elocked  and  resealed  in  the  manner 
provided  in  Section  12,  Chap.  IX,  of  this  Act,  for  locking  and  sealing  the 
same,  and  shall  then  be  handed  to  the  proper  collectors.  On  the  day  of 
election,  collectors  shall  deliver  their  boxes  to  the  proper  Insj)ector  at  5 
o'clock  in  the  afternoon;  also  their  delivery  and  receipt  books,  books  of 
affidavits,  and  registry  lists. 

Sec.  14.  The  Register  and  acting  Register  shall  receive  votes  at  their 
offices  from  7  o'clock  in  the  forenoon  to  5  o'clock  in  the  aftei-noon,  during 
the  three  days  next  preceding  a  general  election,  in  the  same  manner  pre- 
scribed in  the  foregoing  sections  for  other  receivers  of  votes,  but  shall 
check  the  names  of  electors  as  their  votes  are  received  on  the  list  of 
electors  entered  on  his  poll  book,  the  Register  impressing  his  seal,  and 
acting  Registers  tlieir  seals  or  stamps  upon  duplicate  ballots.  The  Reg- 
ister, or  acting  Register,  shall  check  each  vote  received,  in  any  authorized 
way,  before  the  day  of  election,  in  the  first  column  in  his  poll  book  at 
the  right  of  tlie  list  of  names  opposite  the  name  of  each  elector  whose 
vote  has  been  received,  and  shall  indicate  by  letters,  or  otherwise,  by  and 
ihrou'^h  whom  the  vote  was  received. 


48  POSTAL.   EXPRESS,    ETC. 


CHAPTER    X. 

POST^Ui,    EXPKESS,    TELEGRAPH   AND    OTHER  FACILITIES PRIVATE  MESSENGERS. 

Section  1.  The  majority  of  the  electors  of  any  county,  or  political 
division  thereof,  by  their  votes,  given  at  a  general  primary  election,  or 
at  public  meetings' of  the  electors,  may  authorize  and  require  the  Regis- 
ters of  the  district  or  districts  included,  in  whole  or  in  part,  to  appoint 
such  officers  or  employes  of  designated  express,  telegraph,  or  other  compa- 
nies, who  may  have  conveniences  for  this  service,  or  may  be  legally  author- 
ized to  act  as  receivers  and  carriers  of  votes  within  such  district  or  dis- 
tricts, or  parts  of  the  same;  or  they  may  decide  that  the  postal  facilities 
of  the  General  Government  may  be  used  therein  for  these  purposes.  The 
majority  of  the  electors  may  provide,  also,  for  the  appointment  by  the 
severalelectox-s  of  such  district  or  districts,  or  jDarts  of  districts,  of  pri- 
vate messengers,  to  carry  and  deliver  their  votes. 

Sec.  2.  The  said  electors,  when  giving  such  authority  and  making 
such  requirements,  shall  state  distinctly  the  arrangements  they  have  au- 
thorized, and  these  shall  be  certified  to  officially  by  the  election  officers, 
or  officers  of  the  public  meetings  of  the  electors.  The  Register,  or  Heg- 
isters,  thus  instructed,  shall  proceed  at  the  time  and  in  the  manner  speci- 
fied, to  make  the  arrangements  authorized  and  required,  if  practicable; 
and  when  they  have  done  this,  they  shall  give  notice  by  publication  in 
the  usual  way,  for  thirty  days,  in  the  j^roper  district,  or  districts,  precinct, 
or  precincts.  A  company,  o.t  comjmnies,  so  authorized  shall  designate, 
officially,  those  of  their  officers,  or  employes,  assigned  by  it,  or  them,  to 
this  sei-vice;  and  if  these  officers  and  employes  are  approved  by  the  proper 
Register,  or  registers,  they  shall  be  duly  sworn,  instructed  and  author- 
ized by  the  proper  Register,  who  shall  furnish  them  with  registry  lists, 
books,  etc.,  as  provided  in  Section  4,  Chapter  IX.  The  officers  of  ex- 
press, and  other  suitable  companies,  may  be  authorized  to  act  as  collect- 
ors of  votes,  subject  to  all  the  legal  requirements  of  those  officers.  They 
may  also  be  authorized  to  receive  votes  at  designated  offices,  or  stations, 
within  the  several  precincts.  In  the  same  manner  as  other  receivers  of 
votes,  under  such  additional  requirements  and  secarities  as  the  majority 
of  the  electors  may  prescribe. 

Sec.  3.  Telegi-aph  operators  within  the  district,  or  districts,  precinct, 
or  precincts,  referred  to  in  Sections  1  and  2,  Chapter  X,  may  be  selected, 
authorized  and  provided,  as  prescrilied  in  Section  2,  Chapter  X.  The 
majority  of  electors  of  one  or  more  registration  districts  may  authorize 
the  sending  of  votes  of  electors  of  such  district,  or  districts,  by  telegraph 
from  any  part  of  the  United  States,  within  a  certain  time,  not  exceeding 
four  days  previous  to  an  election,  by  the  said  electors,  to  the  proper  elec- 
tion officers  of  the  same,  and  their  recei2:)t  by  such  officers,  in  accordance 
with  the  provisions  of  Section  4  of  this  Chaj)ter,  and  such  additional  re- 
quirements as  may  be  made  by  the  electors  giving  notice  of  such  authority. 

Sec.  4.  Persons  applying  for  the  transmission  of  their  votes  must 
produce  and  deliver  to  the  telegraph,  or  postal  officer,  their  certificate  of 
registrations,  The  telegraph  operator,  or  postal  officer,  who  receives  a 
vote,  shall  certify  to  the  delivery  to  him  of  the  certificate  of  registration 
by  the  applicant,  and  that  he  agrees  in  person  with  the  description  con- 
tained in  the  certificate,  or,  if  the  person  does  not  so  agree,  his  vote  shall 
be  refused.  Ballots  intended  for  transmission  by  telegraph,  or  post, 
must  be  made  in  duplicate,  in  the  manner  prescribed  in  Section  10,  Chap- 
ter IX,  of  this  Act.     The  operator  at  the  telegraph  office,  at  which  the 


POSTAL,    EXPRESS,    ETC.  49 

vote  is  received,  immediately  after  the  certification  of  the  duplicate  bal- 
lot, or  ballots,  shall  send  to" the  telegraph  office  in  or  nearest  to  the  elec- 
tion precinct  at  which  the  vote  is  to  be  delivered,  a  copy  of  each  ballot, 
and  his  certificate  that  the  person  agrees  with  the  description  above  re- 
ferred to,  when  the  ojDcrator,  who  received  and  sends  the  vote,  knows  the 
person  thus  voting,  he  shall  certify  to  his  identity.  If  the  j^erson  is  not 
known  to  him,  he  shall  obtain  and  send,  at  the  same  time,  by  telegraph 
the  certificates,  under  oath,  of  two  reputable  citizens  of  the  vicinity, 
known  to  him,  of  the  identity  of  the  j^erson.  The  operator  at  the  tele- 
graph office,  to  which  the  ballot  or  ballots  are  sent,  after  writing  them 
out,  shall  have  thera  repeated  by  the  sending  operator,  and,  if  there  are 
erroi-s  in  the  copy,  or  cojoies,  he  shall  correct  them.  He  shall  then  en- 
close the  corrected  copy,  or  copies,  of  the  ballot,  or  ballots,  in  a  single 
envelope,  and  write  upon  it  the  name  of  the  elector  and  the  words: 

Vote  of ,  sent  from office,  by ,  operator;  at • 

o'clock.     Received  at office o'clock. 

(Signed)  ,  Operator. 

He  shall  then  place,  in  a  larger  envelope,  the  certificate,  or  certificates, 
received  from  the  sending  officer,  and  in  this  envelope  the  envelope  con- 
taining the  copy  or  copies  of  the  ballot  or  ballots,  and  address  this  last 
named  envelope  to  the  Register,  or  acting  Register,  of  the  proper  pre- 
cinct. He  shall  then  send  the  votes  and  certificates,  thus  enclosed,  by  the 
proper  telegraphic  messenger  to  such  Register,  or  acting  Register,  who  shall 
sign  the  usuaf  receipt  upon  the  telegraph  delivery  book.  The  sending 
operator  shall  enclose  the  original  ballot,  or  ballots,  and  the  certificate 
of  registration  by  the  first  mail,  and  send  the  same  in  a  registered  letter 
to  the  proper  Register,  or  acting  Register;  and  he  shall  retain  the  du- 
plicates. Postmasters  shall  proceed  in  the  same  manner  in  the  i-eceipt 
of  votes,  but  shall  send  immediately  after  the  receipt  in  a  registered  enve- 
lope the  original  ballots  and  certificates,  separately  enclosed  and  prop- 
erly superscribed,  to  the  postmaster  in  or  nearest  the  precinct  to  which  the 
vote  is  sent.  Votes  may  be  sent  by  telegraph  four  days  ]>revious  to  the 
dav  of  election,  and  until  4  o'clock  of  the  afteenoon  of  that  day,  and 
votes  may  be  sent  by  post  ten  days  previous  to  the  day  of  election,  and 
up  to  the  time  when  they  can  reach  the  proper  election  officers  by  noon 
of  that  day.  Votes  sent  by  telegraph  or  mail  to  the  Register,  or  Acting 
Register,  on  the  day  of  election,  when  received,  shall  be  handed  by  him 
to  the  Inspector,  who  receives  votes.  Registers,  or  Acting  Registers,  and 
Election  Boards,  may  withhold  any  vote  received  by  telegraph,  or  mail, 
when  the  name  in  which  it  is  sent  is  already  checked  in  the  registry  list, 
or  poll  books,  and  when  there  is,  for  any  cause,  good  reason  to  doubt  its 
legality.  Upon  proper  proof,  such  vote  so  withheld,  may  be  received  by 
the  Election  Board  after  the  preliminary  count,  but  the  special  facts  of 
each  case  muSt  there  appear  in  the  official  proceedings  of  the  Board. 

Sec.  5.  Pi-ivate  messengers  may  be  authorized  and  appointed  in  either 
of  the  following  methods: 

1.  Any  elector  may  authorize  in  writing  any  person,  of  lawful  age,  to 
perform  for  him  this  service,  the  written  authorization  to  be  in  a  form 
prescribed  by  the  Register,  and  to  be  filed,  for  record,  in  the  Registiy 
office  of  the  proper  Registration  District.  The  person  thereby  author- 
ized shall  make  himself  pers(;nally  known  to  the  Register,  or  acting  Reg- 
ister. The  person  thus  authorized  may  act  as  the  agent  and  representa- 
7 


50  VOTING   AT   THE   POLLS. 

tive  of  tbo  elector,  by  whom  he  has  been  appointed,  in  the  delivery  of 
his  Axitc  to  tlie  Re^fi^ister,  acting  Register,  or  Election  Board,  joeforming 
all  the  acts  in  reference  thereto  that,  by  law,  are  required  of  electors;  but, 
in  all  cases,  those  officers  may  require  satisfactory  proof  of  the  identity 
uf  the  messenger. 

2.  Any  elector  who  desires  to  avail  himself  of  the  benefits  of  the  fol- 
lowing provisions,  shall  cause  to  bo  tiled  in  the  office  of  the  Register  a 
paper  containing  an  impression  of  some  seal,  or  marked  with  some  c}"- 
plicr  or  device,  as  his  own  peculiar  seal,  cypher,  or  device,  neither  of 
which  shall  l)e  so  much  like  any  other  on  tile  in  said  office  that  it  may  not 
be  readily  and  clearly  idcnti'ied.  Such  elector  shall  make,  in  brief  form, 
to  be  prescribed  by  the  Register,  a  general  authorization  to  any  person 
bringing  with  him  a  written  authority,  signed  by  himself,  and  impressed 
with  his  seal,  or  marked  Avith  his  cypher  or  device,  to  carry  and  deliver 
to  the  Register,  acting  Register,  or  Election  Board,  his  vote;  provided 
such  person  shall  be  an  emjiloye  of  said  elector,  a  member  of  his  family 
not  under  twelve  years  of  age,  a  neighbor  of  said  elector,  or  his  conii- 
dcntial  friend.  If  the  person,  coming  within  this  description,  can  be 
identified  by  or  before  the  Register,  acting  Register,  or  the  Election 
Board,  the  vote  of  the  elector  thus  sent  and  delivered  shall  be  received 
in  the  usual  manner,  the  agent  being  required  to  act  for  his  principal,  as 
in  all  other  cases.  All  votes  delivered  by  private  messengers  shall  have 
the  name  and  title  of  the  messenger  written  on  the  voting  envelope,  be- 
low that  of  the  elector.  Electors  making  use  of  any  of  the  agencies  or 
conveniences  authorized  and  provided  for  in  Sections  104  to  105,  inclusive, 
shall  do  so  at  their  own  charge  and  expense. 


CHAPTER    XI. 

VOTING     AT     THE     POLLS. 

Section  1,  At  all  elections  to  be  held  under  this  Act,  the  polls  shall  be 
opened  at  the  hour  of  8  o'clock  in  the  forenoon,  and  continue  open  until 
6  o'clock  in  the  afternoon,  at  which  time  the  polls  shall  be  closed.  Upon 
opening  the  2:)olls,  one  of  the  Inspectors  shall  make  jn-oclamation,  by  voice, 
of  the  same.  Thirty  minutes  before  closing  the  polls,  proclamation  will 
be  made  in  the  same  manner,  that  the  polls  will  be  closed  in  half  an  hour; 
but  the  Board,  at  their  discretion,  may  adjourn  the  polls  for  one  hour  at  any 
ti]iie  they  may  think  proper  during  the  day,  before  4  o'clock  in  the  after- 
noon, vocal  proclamation  being  made  of  the  same. 

Sec  2.  One  ballot  box  shall  be  used  at  each  place  of  polling.  Be- 
fore the  opening  of  the  polls  the  ballot  box  shall  be  examined  carefully 
by  all  the  members  of  the  Election  Board,  to  see  that  nothing  remains 
therein.  The  ballot  box  shall  then  be  locked  and  sealed,  and  the  key 
thereof  delivered  to  one  of  the  Inspectors,  designated  by  the  Election 
Board,  and  it  shall  not  be  opened  until  after  the  polls  are  finally  closed. 

Sec.  3.  The  Register,  or  ^Vcting  Register,  shall  be  j)resent  with  the 
poll  books,  and  shall  hand  one  of  the  poll  books  to  the  clerk  for  his  use. 
He  shall  furnish  the  Inspector,  who  is  to  receive  votes  directly  from  the 
electors,  with  a  suitable  stamj:),  which  he  shall  use  as  prescribed  in  Sec- 
tion 9,  Chapter  IX,  of  this  Act,  for  receiving  votes.  The  Inspectors  shall 
receive  votes  during  the  time  in  which  the  polls  are  open,  and  judge  as 
to  the  identity  and  rights  of  electors.  In  matters  of  difference  relating 
to  such  identity  or  rights,  they  shall  refer  to  the  Register,  or  Acting  Reg- 


VOTING    AT    THE    POLLS.  51 

ister,  and  if,  after  such  reference,  they  cannot  apfree,  the  Re.Ofister,  or  Act- 
ing Register,  shall  decide  between  them.  The  books  containing  receipts 
for  certificates  of  registration,  with  signatures  of  electors  and  other 
books  and  papers,  authorizations  to  private  messengers,  etc.,  and  photo- 
grajjhs  or  other  likenesses,  that  may  assist  in  identifying  electors  or  mes- 
sengers, shall  be  i^laced  by  the  Register  where  they  will  be  easily  access- 
ible to  the  officers  of  the  Election  Board.  Each  Register  shall  furnish 
each  deputy  appointed  by  him  to  act  as  Register  in  any  election  precinct, 
all  things  of  this  kind  relating  to  the  electors  of  such  precinct,  and  such 
Acting  Register  shall  place  them,  in  like  manner,  where  they  will  be 
most  convenient  for  the  use  of  the  Election  Board  of  such  j)recinct. 
These  means  of  identification  may  be  used  as  occasion  may  require  by 
the  Inspectors.  The  Register,  or  Acting  Register,  shall  assist  the  In- 
spectors so  far  as  he  can,  Vvhen  called  upon,  as  to  proof  or  disproof  of 
identity. 

Sec.  4.  The  poll  books  shall  be  arranged  as  follows:  First,  on  the 
left  of  the  page,  the  number  of  the  elector  on  the  Official  Register.  Sec- 
ond, next,  to  the  right  of  these  numbers,  the  names  of  the  electors  of 
the  precinct,  alphabetically  arranged.  Third,  at  the  right  of  this  list  of 
names  five  or  six  vertical  lines,  forming  columns,  the  requisite  spaces  to 
bo  used  as  checking  columns.  Fourth,  a  vertical  column,  separated  in 
the  same  manner,  for  the  insertion  of  the  number  of  the  vote,  as  with- 
drawn for  count.  Fifth,  a  column  of  sufficient  width,  at  the  extreme 
left,  for  remarks.     At  the  head  of  each  page  shall  be  written,  or  j)rinted: 

Poll  Books  for Election  Precinct,  Township  No.  ,  Coun- 
ty of  and  State  of  ,  for  the  election  of  A. 

D.  18 . 

Sec.  5.  When  a  vote  is  received  by  an  Inspector,  and  not  objected  to, 
the  Inspector  shall  read  audibly  the  name  of  the  elector  on  the  envelope. 
The  Register,  or  Acting  Register,  and  the  clerk,  shall  then  examine  the 
list  of  names  of  electors  in  their  respective  poll  books,  and,  if  the  name 
is  found  therein,  and  no  check  is  fovind  against  it  on  the  poll  book  of 
the  Register,  indicating  that  the  elector  has  already  delivered  his  vote, 
a  check  shall  be  placed  in  the  first  checking  column  of  their  respective 
poll  books  by  the  Register  or  Acting  Register,  and  the  clerk,  and  the 
Register,  or  Acting  Register,  first,  and  then  the  clerk,  shall  repeat  the 
name  audibly  and  say  "Check,"  when  the  envelope,  enclosing  the  bal- 
lots, shall  be  i)\it  by  the  Insi:)ector  into  the  ballot  box.  If  a  check 
against  the  name  is  found  in  the  proper  checking  column  in  the  Reg- 
ister's poll  book,  the  vote  shall  not  be  received. 

Sec.  G.  Electors  shall  deliver  the  envelopes  containing  their  ballots, 
properly  superscribed,  publicly  to  one  of  the  Insjoectors;  but,  if  any 
elector  wishes  to  get  certified  duplicates  of  his  ballots,  these  shall  be 
given  to  him  in  the  same  manner  prescribed  in  Section  10,  Chapter  IX, 
by  the  other  Inspector,  who,  wlien  this  duty  has  been  fully  attended  to, 
shall  hand  the  sealed  and  proi)erly  prepared  envelope  containing  the 
original  ballots  to  the  Inspector  Avho  receives  votes,  when  the  officers  of 
the  Election  Board  shall  proceed  as  prescribed  in  Section  5,  Chajiter  XI. 

Sec.  7.  All  the  ret^uirements  in  Sections  G,  7,  8,  9  and  10,  Chapter 
IX,  of  this  Act,  relating  to  the  delivery  and  receipt  of  votes,  when  not 
otherwise  si^ccially  provided  for,  shall  be  strictly  observed  by  the  officers 
of  each  Election  Board.  No  person  shall  be  allowed  to  vote  at  the  polls 
•whose  name  i.i  not  on  the  poll  books,  or  who  shall  I'cfuse  to  comply 
with  the  requirements  of  Section  8,  Chapter  IX,  and  Section  8,  Chapter 


52  OPENING   RECEIVING    BOX,    ETC. 

XI,  of  this  Act.  Tlie  presence  of  tlie  name  of  nny  person  on  the  lists  of 
electors  in  the  poll  books  shall  be,  to  the  Inspectors,  conclusive  evi- 
dence of  the  riijht  of  the  person  to  vote;  jirovided,  that  such  person  may 
bo  required  to  {^ive  true  answers  to  questions  that  may  be  asked 
him  by  the  ofhcers  of  the  Election  Boord  touching'  his  identity. 

Sec,  8.  Any  person  oii'erinji;  to  vote  may  be  challenged,  orally,  by 
any  elector  of  the  precinct,  on  the  ground  that  he  is  not,  as  claimed,  the 
person  entitled  to  vote,  or  that  he  has  already  delivered  his  vote  to  an 
election  of'ricer  during  the  three  days  previous  to  the  day  of  election,  or 
on  that  day.  "Wlien  the  person  is  thus  challenged,  the  llegister,  Acting 
llegister,  or  an  Inspector,  shall  tender  to  him  the  following  oath: 

"  You  do  swear  (or  ailirm)  that  you  are  the  person  whose  name  is  en- 
tered in  the  registration  list  of  this  precinct,  and  that  you  have  not  de- 
livered your  vote  for  the  pending  election  to  any  Collector  or  other  of- 
licer  of  election." 

If  such  person  shall  fail  to  take  the  oath  so  tendered,  he  shall  not  be 
allowed  to  vote.  The  Register,  or  Acting  Register,  and  the  clerk,  each, 
shall  enter  the  word  "Challenged"  oil  his  poll  book,  opposite  the  name 
of  such  challenged  person  who  does  not  prove  satisfactorily,  by  oatb  or 
otlierwise,  his  I'ight  to  vote. 

Sec.  9.  Wiien  the  polls  of  the  election  have  been  closed  finally,  the 
Election  Board  may  take  one  hour  for  refreshment,  the  receiving  boxes 
of  the  Register,  or  Acting  Register,  and  of  Collectors,  and  the  ballot 
box,  being  placed  meantime  in  the  possession  of  different  oiScers  of  the 
Election  Board,  after  being  locked  and  secured,  as  provided  in  Section  12, 
Chapter  IX,  the  key  to  the  ballot  box  being  held  by  a  dift'erent  officer  of 
the  Board  from  the  one  who  has  the  box;  and  when  a  box  has  t\\o  keys, 
these  and  the  box  shall  be  held  separately  by  three  different  members  of 
the  Board.  The  Register,  or  Acting  Register,  shall  keep  possession  of 
his  own  poll  book,  and  the  poll  book  of  the  clerk  shall  be  held  by  one 
of  the  Inspectors.  Like  disposition  shall  be  made  of  the  boxes,  keys 
and  books,  until  the  completion  of  the  official  count,  during  the  times  of 
the  adjournment  of  the  Board.  The  ballot  book  and  tally  sets,  after 
being  used,  shall  each  be  kept  at  such  times  by  an  officer,  or  two  officers, 
of  the  Election  Board,  to  be  selected  by  themselves. 


CHAPTER    XII. 

OPENTKG   EECErVTNG    BOX   AND   BALLOT   BOX TAKING   OUT,     OPENING    AND    CANVASS- 
ING  VOTES. 

Section  1.  When  reassembled,  the  Election  Board  shall  proceed  im- 
mediately, in  pi;l)lic  viev/,  to  open  the  Register's,  or  Acting  Register's  re- 
ceiving box.  They  shall  have  them  Avith  the  poll  books,  the  ballot  books, 
and  the  requisite  number  of  sets  of  tally  sheets.  The  ballot  book  shall  bo 
paged,  and  its  blank  leaves  prepared  with  some  mucilaginous  and  firmlj' 
adhesive  substance,  so  that,  with  slight  preiiaration,  the  ballots  can  l)e 
pasted  easily  and  securely  therein.  The  receiving  box  of  the  Register, 
or  Acting  Register,  after  being  opened,  shall  be  placed  in  charge  of  one 
of  the  Insj^ectors,  to  be  agreed  upon  by  the  members  of  the  Election 
Board,  who  shall  j)roceed  to  take  therefrom,  one  by  one,  the  envelopes 
which  contain  the  ballots,  call  out  audibly  the  name  of  each  elector 
which  he  finds  written  uj)on  the  same,  and  look  at  the  opposite  side  of 


OPENING   RECEIVING    BOX,    ETC,  53 

the  envelope  to  see  whether  it  has  been  tampered  with.  The  Eegister, 
or  Acting  Register,  shall  examine  the  list  of  electors  in  his  poll  book, 
and  if  he  finds  the  name,  vdth  a  check  entered  against  it,  in  the  proper 
column,  he  shall  double  check  it  in  the  same  column;  and  if  he  finds  no 
such  check,  he  shall  check  it  in  that  column  singlj'.  The  clerk  shall  ex- 
amine the  list  in  his  poll  book,  and,  when  he  finds  the  name,  check  it  in 
the  first  checking  column,  when  first  the  Register,  or  Acting  Register, 
and  then  the  clerk,  shall  rej^eat  the  name  audibly  and  say  "Checked. "'  The 
Inspector  shall  then  open  the  enveloi^e,  at  one  of  its  ends,  and  take 
therefrom  the  ballots.  In  both  primary  and  final  elections  he  shall  first 
take  the  ballot  for  officers  and  hand  it  to  the  other  Inspector,  who  shall 
have  possession  and  care  of  the  ballot  book.  In  primary  elections,  he  shall 
continue  to  hand  to  the  other  Insjiector  the  several  ballots,  in  the  order 
in  which  they  are  named  in  Section  2,  Chapter  VII,  of  this  Act;  and,  in 
final  elections,  he  shall  continue  to  hand  them,  in  the  order  in  which 
the}'  are  named  in  Section  3,  Chapter  VII. 

Sec.  2.  The  Inspector  who  has  charge  of  the  ballot  book  shall  paste 
these  ballots,  side  by  side,  or  consecutively,  in  the  same  order  in  which 
they  are  received  by  him,  and,  when  all  the  ballots  contained  in  the  first 
voting  envelope  so  taken  out  and  opened  have  been  thus  disposed  of,  he 
shall  number  each,  of  said  ballots  One,  and  continue  to  dispose  of  all  the 
ballots  of  each  elector  as  j^resented  him,  in  the  same  manner,  and  to 
number  them  in  the  order  of  the  withdrawal  of  the  votes  from  the  re- 
ceiving boxes  and  the  ballot  box,  all  the  ballots  of  each  elector  having 
the  same  number. 

Sec.  3.  "When  all  the  ballots  of  an  elector  are  thus  pasted  and  num- 
bered, the  Inspector  having  the  ballot  book  shall  repeat  the  name  (which, 
if  he  cannot  recall,  shall  be  given  to  him  by  a  member  of  the  Board.) 
The  checking  columns,  at  the  right  of  the  first  checking  column,  shall 
have  printed,  or  written,  at  their  heads  the  titles  of  the  several  ballots, 
or  titles  under  which  the  several  ballots  authorized  by  law  will  properly 
come,  as:  for  general  primary  elections,  offices,  disi^lacement  and  re- 
placement, propositions,  declrations,  first  class;  declarations,  second 
class;  and  for  general  final  elections,  officers,  acts  submitted,  instruc- 
tions, resslutions,  etc.  The  Inspector  last  referred  to  will  then  call  these 
titles  successively,  waiting  each  time  for  the  entry  of  the  proper  check 
by  the  Register,  or  Actin  Register,  and  the  clerk,  who  shall  check  for 
each  ballot,  under  its  proper  title,  opposite  the  name  of  the  elector,  and 
the  Register,  or  Acting  Register  first,  and  then  the  clerk,  shall  say 
"  Checded;"  when,  after  all  the  ballots  are  checked,  each  shall  enter  in  the 
proper  column,  opposite  the  other  entries,  the  number  of  the  vote  as 
withdrawn.  The  Inspector  having  charge  of  the  receiving  box  shall 
then  hand  the  voting  envelope  to  the  other  Inspector,  who  shall  examine 
it  to  see  that  no  ballot  remains  therein,  and  tlien  file  the  envelope  for  fu- 
ture reference.  The  officers  of  the  Election  Board  shall  proceed,  in  this 
manner,  with  each  vote,  until  all  the  votes  are  withdrawn  from  the  Regis- 
tei"'s,  or  Acting  Register's,  receiving  box,  and  disposed  of,  as  above  pre- 
scribed. When  votes  are  found  in  any  receiving  box  or  ballot  box  in 
names  v/hich  are  not  in  the  proper  registry  lists,  or  on  t)ie  poll  books, 
they  shall  be  rejected. 

Sec.  4.  The  Election  Board  shall  then  open  the  .teceiving  boxes  of 
the  Collectors,  delivered  to  the  Board  on  the  day  of  election,  and  pro- 
,ceed  to  dispose  of  the  ballots  therein,  as  prescribed  in  Sections  1,2,  and 
•3,  of  this  Chapter,  except  that  the  Register,  or  Acting  Register,  as  well 
as  the  clerk,  shiill  enter  a  single  check  in  the  column  of  his  i^oll  book 


51  OPENING   RECEIVING   BOX,    ETC. 

aj^ainst  eftcli  name.  When  this  work  is  comi-)leted,  the  Inspector  who 
opens  the  votes,  shall  compare,  with  the  Re;;^ister,  or  Acting-  Register, 
and  the  clerk,  the  cliecks  on  the  Collector's  list  with  the  checks  in  the 
lirst  check  column  of  their  respective  poll  hooks,  and  all  discrepancies 
shall  be  noted  carefully,  opposite  the  names  of  electors  in  respect  to 
whom  they  appear.  If  any  checks  are  found  on  the  Collector's  list  of 
names  of  electors  Avhose  names  have  not  been  found  in  the  box,  the  Elec- 
tion Board  shall  proceed  generally  as  provided,  in  the  same  case,  in  Sec- 
tion 13,  Cliapter  IX,  reserving  publication  and  notification  of  electors 
whose  votes  are  not  found  until  the  completion  of  the  preliminary  count. 
Sec.  5.  When  all  the  votes  contained  in  the  receiving  boxes  of  the 
Collectors  shall  be  disposed  of,  as  i:)rescribed  in  Section  2,  of  this  Chap- 
ter, the  Election  Board  shall  02)en  the  ballot  box  and  proceed,  as  pro- 
vided in  Sections  1,  2  and  3,  this  Chapter,  the  Register,  or  Acting  Regis- 
ter, and  the  clerk  each  checking  singly  in  the  first  check  column  as  each 
name  is  first  called. 

Sec.  G.  When  all  the  votes  found  in  the  ballot  box  are  thus  disposed 
of,  the  officers  of  the  Election  Board  shall  review  and  compare  their  work. 
The  first  checking  columns  of  the  two  poll  books  shall  be  first  compared. 
When  it  shall  be  found  that  no  check  in  the  first  checking  column  of  the 
clerk's  poll  book,  opposite  the  name  of  an  elector  which  has  a  single 
check  in  the  corresponding  column  of  the  Register's  or  Acting  Register's 
poll  book,  the  Register's,  or  Acting  Register's  delivery  and  receipt  book 
shall  be  examined;  and,  if  it  presents  evidence  that  the  vote  was  deliv- 
ered and  received,  or  facts  tending  thereto,  and  the  poll  books  show 
no  entries  of  ballots  in  that  name,  the  facts  shall  be  briefly  noted 
by  the  Rej^ister,  or  Acting  Register,  and  clerk,  in  the  column  of  remarks. 
If  the  poll  books  give  evidence  that  the  vote  of  the  elector  was  received, 
the  ballot  book  shall  be  examined,  and  if  his  ballot  or  ballots  are  found 
pasted  therein,  the  projoer  correction  shall  be  made  in  the  i:>oll  books. 
The  Register,  or  Acting  Register,  and  the  clerk  shall  then  comimre  all 
the  entries  in  their  poll  books,  and  correct  omissions  and  errors,  referring 
to  the  ballot  book  when  necessary.  When  they  cannot  agree  as  to  these, 
they  shall  refer  to  the  Inspectors,  who  shall  order  the  proper  corrections; 
and  the  poll  books  shall  be  made  thus  to  correspond.  When  the  In- 
spectors cannot  agree,  such  corrections  shall  be  made  as  are  directed  by 
a  majority  of  the  members  of  the  Election  Board.  In  every  case  in 
which  the  vote  of  an  elector,  whose  name  was  checked  by  the  Register, 
or  Acting  Register,  or  by  the  clerk  on  the  day  of  election  as  having 
voted,  is  not  found  in  the  ballot  box,  the  fact  shall  be  noted  opj^osite  the 
name,  in  the  column  for  Remarks  in  each  poll  book. 

Sec.  7.  All  ballots  found  in  the  voting  envelopes,  except  complete 
duplicates,  shall  be  pasted  in  the  proper  place  and  connection  in  the  bal- 
lot book,  subject  to  the  proper  corrections  at  the  proi)er  time.  When 
two  ballots,  which  exactly  agree,  are  found  in  any  voting  envelope,  one 
shall  be  pasted  in  the  ballot  book  and  the  other  destroyed.  If  the  names 
of  more  persons  for  any  office  than  an  elector  has  a  legal  right  to  vote 
for  at  a  primary  or  final  election  are  designated  in  any  ballot,  except  in 
cases  provided  for  in  this  Section,  all  the  names  so  designated  must  be 
rejected.  When,  upon  any  ballot  is  found  a  printed  name,  and  a  name 
written  with  ink  or  pencil,  the  printed  name,  opposite  the  written  name, 
must  be  rejected;  or,  when,  upon  any  ballot,  a  name  has  been  erased 
and  another  substituted  therefor  in  any  other  manner  than  by  use  of 
common  writing  ink,  or  a  lead  pencil,  the  substituted  name  must  be  re- 
jected. 


PRELIMINARY    COUNT.  55 

Sec.  8.  When,  at  any  stage  of  the  canvass  or  preliminary  count,  the 
attention  of  the  Election  Board  shall  be  called  by  one  of  its  members  to 
evidence  of  the  illegality  of  any  vote,  the  Board  shall  immediately  give 
their  attention  to  the  matter,  and  decide  by  a  majority  of  their  number 
as  to  the  legality  of  the  vote.  If  it  is  thus  decided  that  the  vote  is  ille- 
gal, the  fact  shall  be  noted  in  the  column  for  remarks,  opposite  the  name 
in  each  poll  book,  and  the  vote  shall  be  withheld  from  the  preliminary 
count.  If  the  decision  is  made  before  the  voting  envelope  containing 
the  vote  is  opened,  it  shall  not  then  be  opened;  but,  if  the  voting  en- 
velope has  been  opened,  and  the  ballot  or  ballots  it  contained  are  pasted 
in  the  ballot  book,  the  Inspector  having  the  ballot  book  shall  write, 
either  across  the  ballot  or  ballots,  or  acros  the  page  above  the  ballot  or 
ballots,  the  words,  "Withheld  for  illegality." 


CHAPTEE    XIII. 


PRELIMINAEY   COUNT. 


Section  1.  After  due  performance,  in  jDublic  view,  by  the  Election 
Board,  of  the  acts  described  in  the  immediately^  foregoing  Sections,  they 
shall  proceed  to  make,  in  public  view,  a  preliminary  count.  The  Regis- 
ter, or  Acting  Register,  and  the  clerk,  shall  each  have  before  him,  as 
many  sets  of  tally  sheets  as  there  are  offices  to  be  filled.  There  shall 
also  be  convenient  of  access  to  each  as  many  sets  of  tally  sheets  as  may  be 
necessary  for  making  up  the  results  of  the  votes  given  in  the  several 
ballots,  and  suitable  sheets,  or  books,  in  which  to  copy,  or  jiaste,  specific 
propositions,  declarations,  instructions,  and  resolutions,  voted  for.  At 
the  head  of  each  set  of  tally  sheets  for  votes,  as  to  public  officei's, 
shall  be  written  the  title  of  an  office,  commencing  with  the  title  on  the 
ballot,  and  continue  in  the  order  prescribed  by  law  in  voting  for  elective 
officers.  These  sets  shall  be  ari-anged  in  a  pile,  corresj)onding  to  the  or- 
der of  titles  of  the  offices. 

Sec.  2.  An  Inspector,  to  be  chosen  by  the  Board,  shall  take  the  ballot 
book  and  commence  with  the  first  ballot  of  the  elector  whose  vote  Avas 
first  withdrawn,  call  the  number  of  the  vote,  the  title  of  the  office,  and 
the  person  or  persons  voted  for  as  candidates  for  or  to  fill  the  office.  The 
Register  or  acting  Register  and  the  clerk  shall  enter,  in  the  open  head  of 
each  set  of  tally  sheets,  the  title  of  the  office  called.  They  shall  next 
write  the  names  of  the  persons  voted  for,  for  nomination  or  election  to 
the  office,  in  the  order  in  which  they  were  called,  vertically  in  the  sjoaces 
between  the  head  lines  intended  for  the  i:)urposes.  Next,  they  shall  place 
a  tally  mark  in  the  column  under  each  name  voted  for;  opposite  the  num- 
ber on  the  tally  sheet  corresponding  Avith  the  number  of  the  vote.  When 
elections  are  conducLecl  on  the  cumulative  or  preferential  system,  described 
in  Section  — ,  Chapter  — ;  of  this  Act,  the  column  below  the  name  of 
each  person  voted  for  shall  be  of  sufficient  width  to  admit  of  its  being 
divided  into  a:-,  many  sub-columns  as  there  are  choices  allowed  to  each 
voter,  each  sub-column  being  only  of  sufficient  width  to  contain  a  tally 
mark.  When  the  tallies  for  the  oflice  first  called  are  entered,  the  Regis. 
ter  or  acting  Register  and  the  clerk  shall  each  remove  the  first  tally  set 
from  his  file,  and  place  it,  face  down,  beside  the  same;  and  as  each  difi'er- 
ent  office  is  called,  tally  and  remove,  placing  each  successive  set  on  the 
top  of  that  before  removed,  until  all  the  tallies  for  officers  have  been  en- 
tered, and  all  such  tally  sets  removed. 


5G  PRELIMINARY   COUNT. 

The  tallies  for  reconinioudiition  or  nomination  of  persons  for  United 
States  Senators  from  this  State,  and  for  State  and  National  appointments, 
and  those  for  displacement  and  replacement  of  elective  ofiices,  shall  be 
made  in  the  same  wax,  so  far  as  practicable. 

Sf.o.  3.  The  other  ballots  of  the  electors  shall  then  be  successively 
called  and  tallied.  Before  enterin<jf  the  tallies  for  the  ballots  containinjof 
an  expression  of  the  opinions  and  desires  of  an  elector  as  to  public  niat- 
ters,  each  specific  i)roposition,  declaration,  instruction  and  resolution, 
when  met  for  the  first  time,  shall  be  read  slowly  and  distin(;tly  by  the  In- 
spector, who  has  the  ballot  book,  and  as  it  is  thus  read  it  shall  be  copied 
carefully  l)y  the  Reo-ister  or  acting'  Kegister  and  the  cleric,  or  they  shall 
each  paste  a  printed  and  veriiied  copy  on  the  sheet  or  book  provided  for 
the  pur])osc.  Wlien  this  is  done,  the  Inspector  shall  take  the  copies,  com- 
pare them  carefully  with  the  original  in  the  ballot,  and  make,  or  cause  to 
bo  made,  the  necessary  corrections.  Each  of  the  different  kind  of  ex- 
pressions mentioned  shall  be  so  cof)ied  on  separate  sheets,  either  loose 
or  in  book  form,  and  each  different  expression  of  the  same  kind  shall  be 
numbered  consecutively.  When  any  specific  proposition,  declaration, 
instruction  or  resolution  has  been  copied,  and  the  copies  have  been  cor- 
rect ted,  the  Register  or  acting  Register  and  the  clerk  shall  each  take  a 
tally  set  and  wite  a  head  descriptive  of  the  kind  of  expressions,  or  such 
propositions,  declarations,  etc.  In  the  vertical  column,  between  the  cross 
lines  below  the  head,  they  shall  write  the  number  representing  the  dif- 
ferent expressions  of  the  same  kind,  commencing  with  No.  1.  The  col- 
umn below  this  number  shall  be  divided  into  two  sub-columns,  over  which 
respectively,  shall  be  written  For  and  Against.  Each  shall  then  enter  a 
tally  mark  in  the  sub-column  under  the  proper  sub-head. 

Sec.  4.  When  the  copies  of  such  expressions  have  been  compared 
and  con-ected,  one  copy  shall  be  given  to  the  Inspector  not  having  in 
charge  the  ballot  book.  When  the  Inspector  who  has  the  ballot  book,  in 
calling  the  ballots,  shall  come  to  an  expression  which  appears  the  same 
as  one  before  copied,  or  like  it,  he  shall  call  upon  the  other  Inspector  to 
take  his  copy  and  assist  him  to  compare.  If  this  expression  is  found  to 
correspond  "with  any  proposition,  declaration,  instruction  or  resolution 
before  copied,  the  Inspector  having  the  ballot  book  shall  call  the  kind  of 
ex]n-ession,  and  the  number  representing  the  sj^ecific  expression  of  the 
kind,  and  whether  For  or  Against,  and  the  Register  or  acting  Register 
and  clerk  shall  enter  the  proper  tally.  When  the  expression,  though  not 
literally  the  same,  agrees  with  another  ah'eady  copied  in  every  imjjortant 
particular,  it  shall  be  considered  the  same  and  so  called  and  tallied. 
When  an  expression  agrees  in  part,  but  diffars  in  one  or  more  important 
points,  it  shall  be  given  a  number,  but  the  Election  Board,  at  their  op- 
tion, may  have  the Whole  of  it  copied,  or  only  that  part  which  differs, 
stating  the  kind  and  number  of  the  expression  with  which  in  other  re- 
spects it  corresponds. 

Sec.  5.  The  tally  sets  to  be  used  on  voting  on  laws  shall  be  headed, 
Acts  Submitted.  Each  of  these  shall  be  designated  by  number,  or  by 
number  and  title  in  the  vertical  spaces  assigned  for  the  head,  represent- 
ing the  person  or  thing  voted  for,  under  each  of  which  there  shall  be 
tw^o  sub-columns,  with  the  sub-heads  For  and  Against,  and  the  tallies  shall 
be  entered,  as  in  other  cases.  The  tally  sets  for  each  kind  of  expression, 
that  is  to  say,  propositions,  declarations,  instructions,  resolutions  and 
votes  upon  laws,  shall  be  kept  together,  in  separate  piles,  and  removed 
and  reversed  as  the  tallying  proceeds  in  the  same  way  prescribed  with  re- 
spect to  the  tally  sets  for  offices.     The  Election  Board  shall  i^roceed  with 


ELECTION    BOARD.  •  57 

all  the  votes  and  ballots  as  directed  in  Sections  2,  3  and  4,  this -Chapter, 
and  in  this  section;  provided,  that  all  ballots  withheld  for  illeg-ality  are  to 
be  omitted  in  the  preliminary  count. 

Sec.  G.  When  all  the  votes  counted  are  thus  tallied,  the  Register  or 
acting  Register  and  the  clerk  shall  each  add  his  tallies  and  compare  their 
footings.  As  far  as  these  agree,  the  results  may  be  taken  as  correct. 
"Where  there  is  disagreement,  the  Register  or  acting  Register  and  the 
clerk  shall  revise  their  work,  first  comparing  their  tallies,  and,  if  they 
cannot  make  them  agree,  they  shall  refer  their  diiferences  to  the  Insj)ect- 
ov.i,  who  shall  decide  and  direct  the  proper  corrections  to  be  made.  If 
the  Inspectors  cannot  agree,  the  corrections  shall  be  made  as  directed  by 
a  majority  of  the  Election  Board,  and  the  results  thus  shall  be  made 
to  agree. 

The  Election  Board  bhall  then  state  briefly,  in  wiiting,  and  certify'  to 
the  results  of  the  preliminary  count. 


CHAPTER    XIV. 

PROCEEDrNG«  Or  ELECTION  BOARD  AFTER  PRELIMINARY  COUNT THE  COREECTED 

OFFICIAL  COUNT. 

Section  1.  The  Register  or  acting  Register  and  the  clerk  shall  each 
copy  from  his  poll  book:  First,  the  names  of  all  electors  who  failed  to 
vote;  second,  the  names  checked  in  the  proper  lists  of  electors  whose 
votes  were  not  found;  third,  the  names  of  all  persons  whose  votes  were 
withheld  from  the  preliminary  count  by  reason  of  illegality;  fourth,  the 
names  of  those  electors,  some  or  all  of  whose  ballots  were  so  made  out, 
in  whole  or  in  part,  that  the  intentions  of  such  electors  could  not  be  de- 
termined thereby,  and  whose  votes,  or  the  defective  j)arts  thereof,  were 
not  counted.  Notice  shall  be  published  by  the  Election  Board  immediate- 
ly after  the  announcement  of  the  result  of  the  preliminary  count  contain- 
ing the  names  in  order  indicated.  The  first  class  shall  be  notified,  that  if 
they  can  show  clearly  to  the  Election  Board  that  their  failure  to  vote  was 
due  to  criminal  or  illegal  acts  of  others,  their  votes  will  be  received  by 

said  Board  at ,  hours  of ,  day  or  days ,  at ,  in 

precinct.     The  second  class  shall  be  notified,  that  their  votes  will 

be  received  b}""  the  Election  Board  at  or  during  the  same  time  and  at  the 
same  place.  The  third  class  shall  be  notified  that  evidence  will  then  be 
received  as  to  the  legality  or  illegality  of  their  votes,  and  the  question  as 
to  this  finally  decided.  The  third  class  shall  be  notified,  that,  if  they 
will  appear  and  prove  that  the  obscurity  or  errors  in  their  votes 
were  not  the  results  of  their  own  unjustifiable  neglect,  or  criminal 
or  improper  intent,  they  may  be  allowed  to  make  and  certify  to  the  proper 
corrections.  Any  person  who  can  prove  satisfactorily  to  the  Board  that 
his  name  is  on  the  Official  Register  as  an  elector,  but  was  omitted  acci- 
dentally or  otherwise  in  copying  out  the  registry  lists  for  the  use  of  officers 
of  election,  and  that  on  this  account  he  was  unable  to  vote,  shall  be  al- 
lowed to  vote  at  any  meeting  of  the  Election  Board  held  after  the  an- 
nouncement of  the  preliminary  count. 

Sec.  2.  In  cases  where  a  receiving  box  or  ballot  box  has  been  de- 
stroyed, with  the  ballots  they  contained,  or  the  same  have  been  forcil)ly 
taken  from  the  proper  officers,  or  stolen  from  them,  or  violence  has  l)cen 
committed  on  an  elector^  or  officer  of  election,  to  pi-event  voting  or  receiv- 
8 


58  ABSTEACTS   OF   VOTES,    ETC. 

nvj;  vcitos,  or  intimidation  lias  been  practiced,  with  success,  to  deter  elect- 
ors froiu  deliverin,!^'  their  votes;  in  all  such  cases  the  Election  Board,  at 
any  nieetiu,;^  held  after  the  preliminary  count,  shall  receive  the  votes  of 
electors  whose  votes  Avere  destroyed  or  so  taken,  or  who  were  thus  pre- 
vented from  votin-,'  at  the  proper  time. 

Sec.  d.  The  Election  Board  shall  hold  a  meeting-,  at  a  time  and  place 
of  which  public  notice  shall  be  o-iven,  on  the  next  day  after  the  declara- 
tion of  the  results  of  the  preliminary  count,  when  they  shall  hear,  try 
and  tlecide  complaints  of  illegal  voting,  and  of  all  criminal  acts  affecting- 
the  validity  of  votes.  They  shall  not  entertain  such  charges,  except  upon 
the  sworn  complaint  of  an  elector,  or  electors,  nor  unless  it  shall  appear 
that  the  persons  accused  have  had  at  least  one  day's  notice  personally 
served,  or  oflicial  return,  that  after  diligent  search  they  cannot  be  found 
within  the  precinct.  The  Board  may  continue  its  meetings  for  two  days, 
but  shall  adjourn  as  soon  as  its  business  in  concluded.  During  these 
meetings,  the  Election  Board  shall  receive,  in  the  same  manner  as  on  the 
day  of  "election,  the  votes  of  electors  which  they  are  authorized  and  re- 
quired by  Sections  1  and  2  of  this  Chapter  to  then  receive,  includinj:? 
votes  withheld  for  illegality,  which  the  said  Board,  after  a  hearing,  shall 
decide  to  be  legal. 

Sec.  4.  At  the  expiration  of  two  days  from  the  completion  of  the 
preliminary  count,  or  sooner,  if  their  other  business  shall  be  sooner  fin- 
ished, the  Election  Board  shall  meet  and  proceed,  publicly,  as  in  the  case 
of  the  preliminary  count,  to  open  the  ballot  box,  take  therefrom  and 
open  the  voting  envelopes,  take  out,  paste,  call,  check  and  count,  the  bal- 
lots, and  then  to  make  the  necessar}'  corrections  and  additions  of  the  tal- 
lies; after  all  of  which,  they  shall  proceed  to  make  up,  certify  and  an- 
nounce the  results  of  the  corrected  or  official  count. 

Sec.  5.  A  full  record  of  all  proceedings  of  the  Election  Board  shall 
be  kept  by  the  Register,  or  acting  Register,  and  the  clerk  at  all  meetings 
of  the  same,  held  after  the  preliminar}^  count.  Lists  of  the  cancelations 
and  changes  authorized  and  made,  and  of  the  electors  whose  votes  were 
received,  at  such  meetings,  shall  be  made  by  the  Register,  or  acting  Regis- 
ter and  clerk,  and  the  reasons  for  the  same  briefly  stated  therein,  under 
the  direction  of  the  Election  Board.  Before  the  final  adjournment  of 
the  Election  Board,  the  Register  or  acting  Register  and  the  clerk  shall 
compare  their  reports  of  its  proceedings,  and  each  report,  if  they  are 
found  to  agree,  shall  be  signed  by  the  Register  or  acting  Register  and 
the  clerk,  and  shall  be  attested  by  the  Inspectors.  If  these  reports  dis- 
agree, they  shall  be  compared  and  corrected  by  the  Inspectors,  or  if  the 
Inspectors  cannot  agree  as  to  the  cori*ections,  these  shall  be  made  by  the 
majority  of  the  Election  Board,  who  shall  certify  to  the  same  in  each  re- 
port. All  the  proceedings  of  these  meetings  of  the  Board,  except  mat- 
ters involviDg  a  knowledge  of  the  persons  or  things  voted  for  by  electors, 
shall  be  public. 

CHAPTER    XV. 

CAXVASS     EETiniXS     AND     ABSTEACTS    OF    VOTES — COMPENSATIOX     AND     PAYMENT     OF 
ELECTION    OFFICERS COMMISSIONS    AND    CERTIFICATES    OF    ELECTION. 

Section  I.  Upon  the  completion  of  the  official  count,  the  Register  or 
acting  Regnster  and  the  clerk  shall  make  up,  from  the  corrected  lists,  the 
names  of  every  person  voted  for,  at  full  length,  the  office  for  which  such 
person  received  votes,  and  the  number  of  votes  he  received,  the  number 


ABSTRACTS   OF   TOTES,    ETC. 


59 


being  expressed  in  full  length,  in  -Rriting,  and  also  in  figures  in  such 
list;  to  be  made,  as  nearly  as  practicable,  in  the  following  form: 


At  the 


of 


election,  held  in 


and  State  of 


on  the 


precinct,  - 
day  of 


in  the  county 

-,  187—,  the 


following  persons  received  the  number  of  votes  annexed  to  their  respect- 
ive names  (in  primary  elections  add  as  nominees)  for  the  following-named 
ofiices: 

A.  B.  had votes  for  member  of  Congress. 

C.  D.  had votes  for  State  Treasurer. 

E.  F.  had votes  for  State  Controller. 

And  in  like  manner  for  every  person  voted  for  for  any  office,  or  in  pri- 
mary elections  as  nominees  for  the  same. 

When  votes  were  given  for  or  against  the  displacement  of  any  officer, 
the  notice  shall  state: 


Displacement  of  - 
For, votes. 


from  the  office  of 

Aerainst, votes. 


For  votes  for  nominees  to  replace  such  offices: 

N.  P.  had votes  to  rej)lace  Q.  D.,  in  the  office  of 


etc. 

[On  another  sheet,  to  be  attached  to  that  which-contains  the  foregoing 
notice,  all  propositions  and  declarations  voted  upon  at  a  primaiy  elec- 
tion, and  all  instructions  and  resolutions  voted  upon  at  a  final  election, 
shall  be  fairly  copied,  or  printed  copies  of  the  same  shall  be  jiasted  ther- 
on,  with  the  number  of  each  at  the  left,  and  following  each  shall  be 
stated  the  niimber  of  votes.  For  and  Against.  Laws  voted  ujion  at  final 
elections  shall  be  described  by  numbers  and  titled.  Each  kind  of  ex- 
jii'essions  shall  be  distinctly  indicated,  and  the  notice  given  in  the*  follow- 
ing form  for  primary  elections] : 


No. 


PKOPOSinONS. 

1.     (Here  insert  a  copy  of  the  proposition  at  full  length.) 
-  votes.     Against, votes. 


For, 


votes.     Against, 


DECLARATIONS. 

No.  1.     (Hei'e   copy  the  declaration.)     For,  — 
■  votes. 

LAWS. 

No.  1.     Act  entitled,  etc.     For, votes.     Against,  votes. 

INSTRUCTIONS. 

No.  1.     (Here   copy  the   instruction.)     For, votes.      Against, 

votes. 

RESOLUTIONS. 

No.  1.     (Here   copy   the   resolution.)      For,  votes.      Against, 

votes. 


Certified  by  us. 
[Attest] 


M.  N.  ]  -r  , 

Q    -p    \  inspectors. 


A.  B.,  Register  (or  Acting  Register). 
C.  N.,  Clerk. 


GO  ABSTRACTS   OF   VOTES,    ETC. 

The  above  notice  may  be  modified,  as  required,  to  present  clear  and 
exact  statements  of  the  facts. 

Sec.  2.  The  Election  Board  of  each  precinct  shall  close,  cover  and 
seal,  separately,  the  ballot  book,  the  two  poll  books,  and  the  two  consoli- 
date'dtallv  sets';  also,  each  set  of  the  propositions  and  declarations,  or  in- 
structions and  resolutions  voted  upon  in  such  precinct.  They  shall  also 
separately  close,  cover  and  seal  the  two  copies  of  the  official  proceedin.'j^s 
of  the  Election  Board,  after  the  preliminary  count.  The  ballot  book, 
the  clerk's  poll  book,  the  clerk's  consolidated  tally  sets,  and  the  clerk's 
report  of  the  said  official  proceedings  of  the  Election  Board,  and  one 
copy  of  each  set  of  propositions,  declarations,  instructions  and  resolu- 
tions, after  being  thus  separately  covered,  and  after  the  nature  of  the 
contents  of  each  enclosure  is  described  clearly  in  a  large  handwriting  on 
its  outside, shall  be  made  up  into  a  single  package,  which  shall  be  se- 
curely covered,  sealed  and  directed  to  the  County  Clerk.  On  the  cover 
of  the  package  shall  be  endorsed  the  words.  Election  Eeturns.  The 
package  shall  be  conveyed  by  one  of  the  oflicers  of  the  Election  Board, 
or  some  person  to  be  chosen  by  themselves,  and  delivered  to  the  said 
Countv  Clerk  at  his  office,  at  the' county  seat,  within  six  days  after  a  pri- 
mary election,  and  within  six  days  after  a  final  election.  These  records, 
thus  enclosed  and  sealed,  shall  be  deposited  in  the  office  of  the  County 
Clerk,  and  there  kept  until  the  general  final  election  of  the  fourth  year 
thereafter.  The  othej-  poll  book,  the  Kegister's  or  acting  Register's 
consolidated  tally  sets,  his  official  proceedings  of  the  Election  Board, 
and  a  copy  of  the  abstracts  of  the  votes,  shall  be  deposited  in  the  office 
of  the  Register  of  the  Registration  District  in  which  the  precinct  is  sit- 
uated, as  part  of  its  permanent  records,  vv^here  they  shall  be  separately 
kept  in  proper  order,  as  part  of  the  records  of  said  office,  for  ten  years 
after  the  time  of  their  deposit. 

Sec  .3,  The  poll  book  of  the  Register  or  acting  Register,  and  the  poll 
book  deposited  in  the  office  of  the  County  Clerk,  and  the  copies  of  prop- 
ositions, declarations,  instructions  or  resolutions,  voted  upon,  deposited 
in  the  Registry  office,  and,  in  the  office  of  the  County  Clerk,  shall  be  subject 
to  the  inspection  of  any  elector  after  being  so  deposited  in  the  respective 
offices.  The  ballot  book,  the  certified  tally  sets,  and  the  official  proceed- 
ings of  the  Election  Board,  shall  be  subject  to  the  inspectionof  any  one, 
except  in  cases  of  contested  elections,  or  other  legal  inquiry  in  regard  to 
elections,  and  then  only  by  the  Court,  Judge,  Jury,  Board  or  Commis- 
sion before  whom  the  results  of  such  election  are  being  contested  or 
investigated. 

Sec.  4.  On  or  before  the  tenth  day,  or  on  the  next  day  thereafter,  if  the 
tenth  day  shall  be  Sunday,  after  the  close  of  a  primary  election,  or  sooner, 
if  all  the  returns  are  received,  the  Commissioners  of  the  county  shall 
open  said  returns  and  make  abstracts  of  the  votes.  The  Commissioners 
of  the  county  shall  act  as  a  Board  of  Canvassers,  and  declare  election  re- 
turns; provided,  that  when  an  election  shall  be  held  for  the  nomination 
or  election  of  Commissioners  of  the  County,  the  District  Judge  or  Judges, 
or  soqne  person  appointed  by  him  or  tlaem,  shall  canvass  and  declare 
the  election  returns  for  such  Commissioners,  for  Avhich  purpose  all  elec- 
tion returns  shall  be  sealed  and  delivered  according  to  law  to  the  County 
Clerk,  and  by  him  opened  in  the  presence  of  the  District  Judge  or 
Judges,  or  the  person  appointed  by  him  or  them,  who  shall  declare  the 
result  as  to  Commissioners  of  the  County,  and  the  clerk  shall  give  pub- 
lic notice  of  the  result  as  to  nominations,  or  give  the  person  elected  as 


ABSTRACTS   OF   VOTES,    ETC.  61 

such  Commissioner  a  certificate  of  his  election,  and  the  Commissioners  of 
the  county  shall  then  canvass  the  returns  of  the  county  as  to  other  officers 
and  public  exj^ressions. 

Sec  5.  1.  The  abstracts  of  the  votes  for  persons  as  nominees  for 
Electors  of  President  and  Yice  President,  and  the  exjoressions  of  prefer- 
ence by  the  electors  of  the  county,  of  persons  to  fill  the  offices  of  Pres- 
ident and  Vice-President,  and  of  National  offices  to  be  filled  by  appoint- 
ment at  primary  elections,  shall  be  on  one  sheet. 

2.  The  abstract  of  the  votes  for  j^ersons  as  nominees  for  ReiDresentative 
in  Congress,  and  for  United  States  Senator,  at  primary  elections,  shall  be 
on  one  sheet. 

3.  The  abstract  of  votes  for  persons  as  nominees  for  members  of  the 
Legislature,  at  primary  elections,  shall  be  on  one  sheet. 

4.  The  abstract  of  votes  for  persons  as  nominees  for  District  and  State 
offices,  and  of  preference  for  all  offices,  to  be  appointed  at  primary  elec- 
tions, shall  be  on  one  sheet. 

5.  The  abstract  of  votes  for  persons  as  nominees  for  County,  Town- 
sliip,  and  Precinct  officers,  and  Registers  of  Election  and  all  officers  to 
bo  appointed  by  the  Commissioner  of  the  County,  at  primary  elections, 
shall  be  on  one  sheet. 

G.  The  abstract  of  votes  upon  propositions  to  displace  elective  officers, 
find  of  votes  for  persons  as  nominees  to  replace  such  officers,  shall  be  on 
one  sheet. 

7.  The  abstract  of  votes  upon  specific  propositions  as  to  legislation  at 
primary  elections,  shall  be  upon  one  sheet,  or  continuous  sheets. 

8.  The  abstract  of  the  vote  upon  sx^ecific  declarations  as  to  political 
princii)les  or  public  policy,  at  a  primary  election,  shall  be  one  sheet,  or 
continuous  sheets. 

[The  vote  need  not  be  given  on  propositions  or  declarations  relating 
only  to  the  county  in  some  political  division  thereof,  which  has  not  been 
voted  upon  by  more  than  one-twentieth  of  all  the  electors  of  such  county 
or  political  division.] 

The  Commissioners  of  the  county  shall  certify  to  a  co^j  of  these  ab- 
stracts, and  cause  a  statement  of  the  votes  for  each  nominee  for  an  elect- 
ive office,  except  those  of  the  county,  or  any  political  division  thereof,  who 
has  received  not  more  than  one-twentieth  of  the  votes  of  the  electoi's  of 
the  county  or  i:)olitical  division  in  which  the  office  is  to  be  held  or  exer- 
cised, to  be  made  and  generally  i)ublished  in  the  county  for  at  least  fif- 
tocn  days  preceding  the  next  ensuing  final  election. 

Sec.  G.  On  the  tenth  day,  or  the  Monday  following  that  day,  if  the 
tenth  day  shall  be  Sunday,  after  a  general  final  election,  or  sooner,  if 
all  the  returns  are  received,  the  Commissioners  of  the  county  shall  open 
tli(;  election  returns,  and  make  abstracts  of  the  votes. 

1.  The  abstract  for  members  of  Congress  shall  be  on  one  sheet. 

2.  The  abstract  for  members  of  the  Legislature  shall  be  on  one  sheet, 
o.   The  abstract  for  District  and  State  officers  shall  be  on  one  sheet. 

4.  The  abstract  for  County,  Township  and  Precinct  officers  and  Regis- 
ters of  Election  shall  be  on  one  sheet. 

Note. — Votes  to  rei:)lace  the  several  election  officers  shall  be  on  the 
jnoper  abstracts  for  each  office,  but  there  shall  be  added  to  the  statement 

of  the  votes  for  such  person  the  words  to  replace ,  giving  the  name 

of  the  office. 

5.  The  abstract  of  votes  upon  specific  instructions  to  the  Legislature, 


62  ABSTRACTS   OF   VOTES,    ETC. 

or  to  members  of  the  Legcislature,  or  to  Representatives  or  Senators  in 
Congress,  shall  be  upon  one  sheet,  or  continuous  sheets. 

G.'^The  abstract  of  votes  upon  specific  instructions  to  the  Commissioners 
of  the  County,  or  to  the  Legislative  Boards  of  cities  and  incorporated 
towns,  shall  bo  on  one  sheet,  or  continuous  sheets. 

7.  The  abstract  of  votes  upon  resolutions,  or  disapproval,  or  approval 
of  local,  Htate  and  National  administrations,  or  any  part,  or  officer,  there- 
of,  shall  be  on  one  sheet,  or  continuous  sheets. 

[The  votes  need  not  be  given  on  instructious  or  resolutions  referring 
exclusively  to  the  county,  in  any  political  division  of  the  same,  upon 
which  not  more  than  one-twentieth  of  the  electors  of  the  county  or  the 
political  division  have  voted.] 

Sec.  7.  The  Commissioners  of  each  county  shall  cause  certificates  of 
election  to  be  made  out  by  their  County  Clerks  to  each  of  the  persons 
having  the  highest  number  of  votes  for  members  of  the  Legislature, 
Counfy,  Township  and  Precinct  offices,  and  for  Registers  of  Elections, 
respectively;  to  give  general  or  special  notice  to  said  officers  that  upon 
making  proper  application  to  said  County  Clerk,  at  his  office,  by  the  per- 
sons entitled,  such  certificates  of  election  will  be  delivered  by  him.  But 
when  a  tie  shall  exist  between  two  or  more  persons  for  the  offices  of  Sen- 
ator or  member  of  the  Assembly,  or  for  any  County,  Township  or  Pre- 
cinct office,  or  District  within  the  county,  or  for  Register  of  Elections, 
the  Commissioners  of  the  county  shall  order  their  clerk  to  give  notice  to  the 
Sheriff  of  the  county,  who  shall  advertise  immediately  another  election, 
giving  at  least  ten  days'  notice.  At  special  elections  the  several  Elec- 
tion Boards  will  be  allowed  but  one  day,  after  the  election,  for  the  pre- 
liminary count;  but  one  day  thereafter  to  hear  evidence,  receive  improp- 
erly excluded  votes,  make  the  proper  corrections,  and  make  up  and  cer- 
tify to  the  official  returns,  and  but  one  day  more  to  prepare  and  forward 
the  returns,  by  one  of  the  usual  methods,  to  the  office  of  the  County 
Clerk. 

Sec.  8.  There  shall  be  allowed  out  of  the  county  treasury  of  each 
county  to  the  several  Inspectors  of  the  election,  and  to  the  Registers  and 
acting  Deputy  Registers,  while  sitting  as  members  of  an  Election  Board, 
and  to  each  Register  and  such  Acting  Deputy  Registers,  during  the 
three  days  next  preceding  an  election,  five  dollars  per  diem;  and  to  the 
Inspectors,  two  dollars  per  diem,  for  the  four  days  preceding  an  elec- 
tion, during  which  they  are  required  by  law  to  be  present  at  the  delivery 
and  opening  of  the  Collector's  receiving  boxes,  and  to  superintend  at  the 
same,  and  assist  in  checking  and  transferring  the  votes  to  the  Register's 
receiving  box.  To  the  persons  who  carry  the  electfon  returns  and  rec- 
ords to  the  office  of  the  County  Clerk,  at  the  county  seat,  the  sum  of 
thirty  cents  per  mile  shall  be  paid  out  of  the  county  treasury. 

Sec.  9.  The  County  Clerk,  on  the  receipt  of  the  returns  of  any  elec- 
tion, shall  make  out  certificates  for  election  officers,  including  Registers 
and  Acting  Deputy  Registers,  for  their  services,  three  days  prior  to  the 
election,  and  as  members  of  Election  Boards,  stating  therein  the 
compensation  and  the  amounts  to  which,  by  law,  they  are  entitled.  They 
shall  present  these  certificates  and  statements  before  the  Commissioners 
at  their  next  meeting,  when,  if  they  are  found  correct,  the  Commission- 
ers shall  order  such  compensation  to  be  paid  out  of  the  county  treasury, 
Sec.  10.  The  Commissioners  of  the  county,  after  having  made  the 
abstract  of  votes  as  prescribed  in  Sections  5  and  G,  this  Chai:)ter,  shall 
cause  the  County  Clerk  to  make  a  coj^y  of  such  abstracts,  as  to  the  proper 
district  offices,  and  as  to  State  and  national  offices,  officers  and  affairs. 


ABSTRACTS    OF   VOTES,    ETC.  63 

and  send  the  same  immediately  by  mail,  express,  or  special  messenger, 
to  the  Secretary  of  State,  at  the  seat  of  government;  and,  on  the  tenth 
day  of  October,  or,  if  the  tenth  be  Sunday,  on  the  Monday  following, 
the  Secretary  of  State  and  tv/o  Inspectors,  to  be  appointed  by  the  Gov- 
ernor, shall  meet  at  the  office  of  the  Secretary  of  State,  and  there 
promptly  open  and  canvass  the  abstracts  of  the  said  votes  given  at  the 
l^receding  primary  election  for  persons  or  nominees  and  natianal  offices, 
including  President  and  Yice  President;  for  members  of  Congress;  for 
United  States  Senator;  for  Electors  of  President  and  Vice  President; 
for  the  proper  district  officers,  and  for  State  officers;  the  votes  upon 
propositions  to  displace  elective  officers  of  the  district  and  State,  and  the 
votes  in  favor  of  persons  as  candidates  to  replace  such  officers;  also,  the 
vote  upon  each  specific  proposition  as  to  State  and  national  legislation, 
and  uj)on  each  specific  declaration  as  to  political  princijoles  and  public 
policy,  relating  to  the  State  or  national  government.  These  officers  shall 
certify  the  results,  and,  on  or  before  the  fifteenth  day  of  October,  the 
Secretary  of  State  shall  cause  the  same  to  be  generally  published 
throughout  the  State  until  the  day  of  the  next  ensuing  general  final 
election. 

Sec.  11.  On  the  third  Monday  succeeding  each  general  final  election 
the  Chief  Justice  of  the  Supreme  Court,  and  the  Associate  Justices,  or  a 
majority  of  them,  shall  meet  at  the  office  of  the  Secretary  of  State,  and 
shall  open  and  canvass  the  votes  for  Representatives  in  Congress,  dis- 
trict and  State  officers,  upon  specified  acts  of  the  Legislatui-e,  submitted 
to  the  electors,  upon  specified  instructions  or  requests  to  United  States 
Senators,  and  upon  specified  i-esolutions  of  approval  or  disapproval  of 
the  State  or  national  administration,  or  any  part  or  officer  thereof. 

Sec  12.  The  Governor  shall  grant  a  certificate  of  election  to,  and 
commission,  each  person  having  the  highest  number  of  votes,  and  he  shall 
make  out  and  publish  generally  throughout  the  State,  in  the  usual  man- 
ner, for  at  least  ten  days,  certificates  of  the  votes  for  and  against  each 
act  of  the  Legislature  submitted  to  the  vote  of  the  electors,  and  for  and 
against  each  specific  instruction  and  resolution,  omitting  those  instruc- 
tions and  resolutions  which  have  not  been  voted  upon  by  more  than  one- 
twentieth  of  the  electors  of  the  State.  [Adjust  so  as  to  provide  for  vot- 
ing for  requests  to  United  States  Senators.] 

Sec.  13.  In  case  two  or  more  persons  have  an  equal,  and  the  highest 
number  of  votes  for  any  office,  and  there  is  no  choice  by  the  electors  for 
such  office,  the  Governor,  by  proclamation,  shall  order  a  new  election 
for  the  office. 

Sec.  14.  When  an  election  for  Electors  of  President  and  Vice  Presi- 
dent takes  place,  the  votes  therefor  shall  be  canvassed  in  the  inanner 
above  described,  on  the  fourth  Monday  after  such  election  is  held;  also, 
the  votes  for  President  and  Vice  President,  and  the  results  of  these  latter 
votes,  shall  be  ascertained  and  declared  before  the  results  for  the  Elect- 
ors of  President  and  Vice  President. 

Sec.  15.  No  certifit^ate  shall  be  withheld  on  account  of  any  defect  or 
infomiality  in  the  returns  of  any  electicni,  if  it  can  he  ascertained,  with 
reasonable  certainty,  from  such  returns,  what  office  is  intended,  nor  upon 
like  conditions  as  to  intent  of  voters,  shall  any  commission  be  withheld 
by  the  Governor,  or  Commissioner  of  tlie  county,  on  account  of  any  such 
defect  or  informality  of  such  returns,  made  to  the  Secretaiy  of  State, 
or  to  such  Commissioners. 

Sec  1G.  If  the  returns  of  any  general  primary  election,  of  any  coun- 
ty, shall  not  bo  received  at  the  office  of  the  Secretary  of  State  on  or  be- 


64  ABSTRACTS   OF   VOTES,    ETC. 

fore  the  fifth  day  of  Ootobei*  succeeding  such  election;  or,  if  the  returns 
of  a  general  liual  election,  of  any  county,  shall  not  be  received  at  that 
oltiee,  before  the  third  Monday  of  December  succeeding  such  election, 
the  Secretary  of  State  shall  take  etfective  means  to  promptly  procure 
them,  and  may  send  forthwith  a  messenger  to  the  Clerk  of  such  county, 
"who  shall  furnish  sucih  messenger  a  copy  of  such  returns,  and  the  mes- 
senger shall  be  paid  out  of  the  Treasury  of  such  county  the  sum  of 
thirty  cents  for  each  mile  he  shall  necessarily  travel  in  going  to  and  re- 
turning from  said  county.  When  the  Commissioners  of  a  county  shall 
deem  it  necessary  to  supply  a  messenger  to  carry  the  returns  to  the  seat 
of  government,  and  deliver  them  to  the  Secretary  of  State,  they  may  ap- 
point such  messenger,  and  the  persons  who  perform  such  service  shall  be 
entitled  to  receive  the  same  mileage,  computing  the  distance  by  the  usu- 
ally traveled  route.  After  the  expiration  of  thirty  days,  from  and  after 
the  election  of  Governor,  Lieutenant-Governor,  Representatives  in  Con- 
gress, and  State  and  County  officers,  the  Secretary  of  State  shall  certify 
to  the  proper  District  Attorney,  any  and  all  failures  and  omissions  of 
Commissioners  of  Counties,  their  clerks  and  other  officers  in  their  re- 
spective counties,  to  comply  with  the  provisions  of  this  Act,  in  returning 
or  certifying  the  returns,  or  certificates  of  any  such  election,  to  the  office 
of  the  Secretary  of  State;  and  any  such  certificate  of  the  Secretary  of 
State,  sealed  with  the  State  seal,  shall  be  sufficient  j)resumi3tive  evidence 
of  such  failure  or  omission  herein  specified.  When  two  or  more  coun- 
ties are  united  in  one  Senatorial,  Representative,  Judicial,  or  other  dis- 
trict, for  the  election  of  any  officers,  and  it  has  not  been  legally  deter- 
mined to  w-hich  county  of  the  district  the  returns  of  the  other  counties 
of  the  same  shall  be  sent,  for  the  purpose  of  having  the  returns  of  the 
District,  for  such  officers,  made  up  and  the  result  ascertained,  the  Com- 
missioners of  each  county  shall  decide,  on  or  before  the  second  Mondav 
of  January  next  ensuing,  w-hich  county  of  the  District  they  prefer  for 
this  pui-pose;  and,  immediately  after  such  decision,  the  Clerk  of  each 
county  shall  inform  the  Secretary  of  State,  by  letter,  as  to  the  same.  If 
it  shall  be  found  by  the  Secretary  of  State,  that,  on  or  before  the  second 
Monday  of  March,  a  majority  of  the  Board  of  Commissioners  of  the  sev- 
eral counties  of  the  District,  have  agreed  in  preferring  any  county  of  the 
same,  for  this  purpose,  the  Secretary  of  State  shall  so  notify  the  Clerks 
of  all  the  counties  of  the  District,  and  thereafter  all  such  returns  of  the 
other  counties  shall  be  sent  by  them  to  the  Clerk  of  the  preferred  county. 
If  a  majority  of  the  several  Boards  of  County  Commissioners  cannot 
agree  upon  the  county  to  be  selected,  the  Secretary  of  State  shall  desig- 
nate the  county  to  which  the  returns  of  the  other  counties  are  to  be  senl, 
on  or  before  the  second  Monday  of  May;  and  he  shall  notify  the  Clerks 
of  all  the  counties  of  the  District  as  to  the  county  designated.  The 
Clerks  of  the  several  counties  of  the  District,  other  than  that  to  which 
the  returns  are  to  be  sent,  shall  send  to  the  Clerk  of  the  county  legally 
designated,  at  the  earliest  practicable  date,  a  cojjy  of  the  abstract  of 
votes  for  each  person  voted  for  at  a  primary  election  as  a  candidate,  for 
any  office  to  be  filled  by  the  votes  of  the  electors  of  the  District,  and  of 
the  abstract  of  votes  for  each  person  voted  for  for  such  offices  at  a  final 
election,  by  the  electors  of  such  District.  The  Clerk  of  the  county  to 
which  the  returns  of  the  other  counties  shall  be  sent,  shall  make  a  final 
abstract  and  aggregate  of  such  votes,  including  those  of  his  county,  a 
copy  of  which  he  shall  immediately  send,  by  mail,  express,  or  special 
messenger,  or  by  telegraph,  as  provided  in  Section  12,  Chapter  XXIV, 
of  this  Act,  to  the  Secretary  of  State.     In  case  of  a  primary  election,' 


RECOUNT   IN   CERTAIN   CASES,    ETC.  65 

such  clerk  shall  make,  and  have  published,  in  the  usual  manner,  through- 
out the  District,  for  at  least days  preceding  the  next  ensuing  final 

election;  and,  in  case  of  a  final  election,  the  said  Clerk  shall  issue  to  the 
proj^er  person  or  persons  a  ceitificate  or  certificates  of  election.  The  ex- 
jjenses  of  making  up  returns,  and  of  publication,  shall  be  api:)ortioned  by 
the  Commissioners  of  the  Returning  County  among  the  several  counties 
of  the  District,  in  the  ratio  of  the  number  of  their  electors;  and,  after 
being  properly  audited,  the  pi'oper  apportionment  shall  be  paid  out  of 
the  several  (../Ounty  Treasuries,  to  the  Treasurer  of  the  Returning  County. 
Sec.  18.  Whenever  it  is  required  that  returns  shall  be  sent  by  one 
County  Clerk  to  another  County  Clerk,  or  by  such  Clerk  to  the  Secretary 
of  State,  unless  the  said  Clerk  is  otherwise  directed  by  the  Commission- 
ers of  the  County,  he  shall  enclose  and  properly  direct  such  returns,  and 
deliver  them  to  some  Postmaster  of  the  county,  to  be  sent  by  mail,  taking 
from  such  Postmaster,  if  it  can  be  obtained,  a  certificate,  setting  forth 
the  time  when  such  returns  were  deposited  in  the  post  office.  When  the 
Postmaster  declines  to  give  such  certificate,  the  Clerk  may  take  with  him 
to  the  post  ojBice  two  reputable  citizens,  as  witnesses  of  the  fact,  and 
nature  of  the  deposit,  and  may  obtain  and  file  their  sworn  certificates  as 
to  the  delivery  of  the  returns  at  the  post  office. 


CHAPTER    XVI. 

EECOUNT   IN   CEKTATN    CASES LEGAL   EXAMINATION   AND   COREECTION    OF    INFORMA- 

MATION    AND    PEIMARY   ELECTION    RETURNS. 

Section  1.  AVhen  the  Commissioners  of  any  county  shall  have  can- 
vassed the  vote,  for  County,  Township  and  Precinct  officers,  and  for  Reg- 
isters of  Election,  and  it  shall  appear,  from  such  canvass,  that  any  such 
officer  has  received  a  majority  of  twenty  votes  or  less,  in  such  a  case  with- 
in ten  days  after  the  close  of  the  canvass,  upon  application,  under  oath, 
of  a  defeated  candidate  for  such  office,  setting  forth  that  a  specified  mistake 
or  specified  mistakes,  have  been  made  on  the  part  of  the  Election  Board 
or  Boards,  in  any  election  precinct  or  precincts  of  said  county,  the  Com- 
missioners of  the  county  shall  proceed  to  make  a  recount  of  the  votes 
of  any  or  all  of  the  precincts  in  said  county  wherein  any  specified  mis- 
take or  mistakes  are  alleged  to  have  occurred,  and  shall  continue  such 
recount  from  day  to  day  (Sundays  excepted)  until  the  votes  of  all  such 
election  precincts  have  been  recounted;  and  when  such  recount  is  com- 
pleted, they  shall  declare  the  result,  and  direct  the  County  Clerk  to  issue 
the  certificate  to  the  person  entitled  thereto;  but,  in  no  case,  shall  they 
be  allowed  to  throw  out  any  ballot  for  any  alleged  legal  defect,  if  upon 
the  face  of  such  ballot  it  can  be  ascertained,  on  inspection,  for  whom 
the  elector  intended  to  cast  his  vote,  excepting  in  those  things  in  which 
one  ballot  may  be  the  duplicate  of  another,  voted  by  the  same  person; 
and,  provided  that  nothing  herein  contained  shall  prevent  either  party 
to  such  proceedings  from  contesting  their  right  to  said  office  in  the 
courts,  in  the  manner  provided  by  law. 

Sec  2.  Whenever  the  parties  in  an  election  contest  before  the  District 

Court,  within  days  after  the  close  of  an  election  canvass,  shall 

mutually  stipulate  to  ask  for  a  recount,  to  determine  any  matter  in  con- 
troversy relating  to  any  elective  office  within  the  county,  and  to  abide  by 
the  findings  of  the  Commissioners  of  the  couuty,  or  of  a  si^ecial  com- 
9 


06  RECOUNT   IN   CERTAIN   CASES,    ETC. 

mission,  as  to  tlio  results  of  the  election,  the  said  court  shall  order  such 
recount  to  be  made,  iu  accordance  witli  the  provisions  of  Section  1,  this 
Chapter,  and  the  result  found  by  the  Commissioners  shall  be  bindinj>-  and 
conclusive  upon  the  respective  parties.  The  District  Court,  on  applica- 
tion of  the  stipulating  parties,  shall  appoint,  in  such  cases,  a  special 
commission,  to  consist  of  not  less  than  three  and  not  more  than  five 
ipialilied  electors,  to  make  such  recount,  which  connuission  shall  have 
the  right  of  access  to  and  the  iise  of  all  records  and  returns  of  such 
election,  for  this  purpose,  and  the  results  found  by  such  commission 
shall  be  alike  binding  and  conclusive  on  the  respective  parties. 

Sec.  3.  Any  elector  or  electors  of  the  proper  county  may  complain, 
under  oath  or  affirmation,  to  the  District  Court  of  the  county,  or  to  the 
Judge  thereof,  -svithin  ten  days  after  the  making  up  and  official  publica- 
tion of  the  returns  of  official  informations,  or  of  primary  elections,  that 
such  returns  are  incorrect,  specifying  the  particular  errors  or  wrongful 
acts  complained  of,  whereupon  the  Judge  of  said  Distrtct  Court  shall 
immediately  appoint  a  Commission  of  Inquiry,  to  consist  of  not  less 
three  nor  inore  than  five  qualified  electors  of  the  county,  who  shall  im- 
mediately examine  into  and  make  report  of  the  facts. 

The  said  Judge  shall  give  certificates  of  appointment,  in  due  form,  to 
the  members  of  such  commissions,  upon  the  presentation  of  which  to 
any  officer  entrusted  with  keeping  of  the  official  records  of  such  inform- 
ations, or  such  elections,  the  said  commission,  or  any  of  its  members, 
when  acting  therewith,  shall  have  free  access  to  and  possession  of  the 
same,  nutil  the  conclusion  of  their  inquiry,  and  shall  have  authority  to 
open  all  official  books  and  papers  relating  to  such  public  expressions  of 
the  electors;  to  summon  witnesses  to  attend  at  a  certain  time  and  place, 
in  the  regular  way,  through  the  Sheriff,  and  when  Avitnesses  who  have 
been  duly  subpa3naed  fail  to  attend,  the  said  District  Court,  on  notice 
thereof,  shall  issue  attachments  to  compel  their  attendance.  The  said 
commission  shall  patiently  investigate  the  facts,  and  hear  and  examine 
the  evidence  i)resented,  prosecuting  their  inquiries  with  all  possible  dili- 
gence, and  not  less  than  twenty  days  before  the  next  primary  election, 
when  investigating  the  returns  of  informations,  and,  not  less  than  twen- 
ty-five days  before  the  next  general  final  election,  when  investigating  the 
returns  of  a  primary  election,  make  to  the  said  District  Court  a  statement 
of  the  facts  as  to  the  matters  complained  of.  Immediately  upon  the 
receipt  of  this  statement,  the  Clerk  of  the  said  District  Court  shall  j)re- 
pare  and  publish  a  summarj^  of  the  facts,  as  therein  stated,  and  publish 
the  same  generally  throughout  the  county,  in  the  usual  manner,  in  the 
case  of  alleged  errors  iu  the  returns  of  informations,  until  the  day  of 
tlie  next  pi'imary  election;  and,  in  case  of  alleged  errors  in  the  returns 
of  pi'imary  elections,  to  the  day  of  the  next  final  election.  When  these 
facts  shall  affect  the  results  as  to  district  or  State  officers,  members  of 
Congress,  Electors  of  President  and  Vice  President,  or  other  national  of- 
fices, or  State  or  national  affairs,  the  said  Clerk  shall  send  immediately 
to  the  Seci-etary  of  State,  in  the  usual  manner,  a  copy  of  his  summary 
of  such  statement,  when  the  Secretary  of  State  shall  immediately  pub- 
lish the  said  facts  generally  throughout  the  State,  in  the  usual  manner, 
unlil  the  day  of  the  next  general  j)rimary,  or  of  the  next  general  final 
election,  as  the  case  may  require.  AVhen  the  complaining  parties  fail  to 
esta1)lish  one  or  more  asserted  facts  of  their  complaint,  the  costs  shall  be 
chai'geable  to  and  may  be  collected  of  them,  as  in  other  cases.  When 
essential  facts  of  a  comj^laint  are  established,  the  costs  of  the  proceedings 
shall  be  taxed  to  the  county,  and,  on  proper  order  of  the  Coiu't,  shall  be 


ELECTION   CONTESTS,    ETC  67 

paid  out  of  the  county  treasury.  The  inembers  of  this  commission 
shall  be  allowed  five  dollars  per  diem  while  engag-ed  in  this  service,  and 
thirty  cents  per  mile  for  necessary  travel.  The  fees  of  witnesses  shall  be 
the  same  as  in  other  civil  cases.  The  said  District  Court  shall  determine, 
under  the  foregoing  i^rovisions,  as  to  the  party  which  shall  pay  the  costs 
of  the  investigations. 


CHAPTEE    XYII. 

ELECTION   CONTESTS LEGAL    PROCEEDINGS   IN   SAME. 

Section  1.  Any  elector  of  the  proper  county  may  contest  the  right  of 
any  person  declared  duly  elected  to  an  office,  exercised  in  and  for  said 
county;  and,  also,  any  elector  of  a  township  may  contest  the  right  of 
any  person  declared  duly  elected  to  any  office  in  and  for  said  township, 
for  any  of  the  following  grounds  affecting  the  facts  of  said  election : 

First — For  illegal  voting;" 

Second — For  malconduct  of  any  member  of  the  Election  Board,  or  other 

election  officer; 
Third — When  the  person  whose  right  to  the  office  is  contested  was  not, 

at  the  time  of  election,  eligible  to  such  office. 

Sec.  2.  When  any  election  held  for  an  office  exercised  in  and  for  the 
county,  or  in  and  for  a  township,  is  contested,  on  account  of  the  mal- 
conduct of  any  Election  Board  of  any  precinct,  or  any  member  or  elec- 
tion officer  thereof,  the  election  shall  not  be  annulled  or  set  aside,  on  any 
proof  thereof,  unless  the  rejection  of  the  illegal  votes  of  such  precinct 
shall  change  the  result  as  to  such  office  in  the  I'emaining  vote  of  the 
county  or  township. 

Sec  3.  When  any  elector  shall  contest  the  right  of  any  person  to 
such  elective  office,  he  shall  file,  within  thirty  days  after  the  election, 
with  the  Clei-k  of  the  District  Court,  a  written  and  Si^ecific  statement, 
setting  forth; 

Firsts— i::he  name  of  the  person  contesting  such  election,  and  that  he  is 
an  elector  of  the  county,  township,  district  or  precinct,  as  the 
case  may  be,  in  which  such  election  was  held. 

Second — The  name  of  the  person  whose  right  to  the  office  is  contested. 

Tklrd—Tue  office. 

Fourth — The  particular  cause  or  causes  of  such  contest. 

Such  statement  shall  be  verified  by  the  affidavit  of  the  person  who  con- 
tests, that  the  matters  and  things  therein  contained  are  true,  to  the 
best  of    his  knowledge  and  belief. 

Sec  4.  When  the  reception  and  counting  of  illegal  votes  is  alleged 
as  a  cause  of  contest,  it  shall  be  sufficient  to  state  that  illegal  votes  wci-e 
given,  in  a  specified  precinct  or  specified  precincts,  to  the  person  whose 
election  is  contested,  which,  if  taken  from  the  votes  he  received,  would 
reduce  the  number  of  his  legal  votes  below  the  number  of  legal  votes 
given  to  some  other  person  for  the  same  office.  No  testimony  will  be  re- 
ceived as  to  illegal  votes,  unless  the  person  contesting  an  election  shall 
deliver  to  the  oi^posite  party,  at  least  three  days  before  such  trial,  a  writ- 
ten list  giving  the  number  of  illegal  votes,  the  names  of  the  persons   by 


OS  ELECTION   CONTESTS,    ETC. 

whom  they  were  given,  which  he  intends  to  prova  on  such  trial.  No  tes- 
timony as'to  illegal  votes  shall  be  received,  except  as  to  those  specified 
in  such  list;  provided  that,  in  all  cases  of  contested  elections,  the  Dis- 
trict Court  shall  have  original  jurisdiction  to  try  and  determine  the 
same,  and  may  obtain  by  mandamus  all  the  documentary  evidence  re- 
quired by  either  party  litigant. 

Sec.  5.  No  statement  of  the  cause  of  contest  shall  be  rejected,  nor 
the  proceedings  thereon  dismissed,  by  any  court  before  whom  such  con- 
test may  be  brought  for  want  of  form,  if  the  particular  cause  shall  be  al- 
leged with  such  certainty  as  will  sufficiently  advise  the  defendant  of  the 
particular  proceedings,  or  cause  for  which  such  election  is  contested. 

Sec.  G.  Upon  the  tiling  of  such  statement,  the  Clerk  of  the  District 
Court  shall  inform  the  Judge  thereof,  who  shall  fix,  within  three  days,  a 
time  to  hear  and  determine  such  contest,  and  the  Clerk  shall  give  notice 
of  not  less  than  ten  nor  more  than  twenty  days  to  the  person  whose 
right  to  his  office  is  contested,  and  to  the  person  or  persons  contesting, 
which  notice  shall  be  served  by  the  Sheriff  of  the  county  upon  the  re- 
spective parties,  as  in  other  cases. 

Sec.  7.  Cases  of  contested  elections  shall  take  precedence  in  the 
courts  of  this  State  over  all  other  business,  when  the  person  whose  right 
is  contested  is  in  possession  of  the  office  to  which  his  right  is  denied,  or 
is  about  to  take  possession  of  the  same;  and  they  shall  be  proceeded 
Avith  promptly  and  diligently,  and  decided  as  speedily  as  a  due  regard 
to  justice  and  public  interests  will  allow. 

Sec.  8.  The  Clerk  of  the  District  Court  shall  issue  subpoenas  and 
subpoenas  duces  tecum,  as  in  covit  actions  at  law,  for  witnesses  in  snch 
contested  elections,  at  the  request  of  either  party,  which  shall  be  served 
by  the  Sheriff,  as  other  like  subpoenas  are  served;  and  the  District  Court 
shall  have  full  power  to  issue  attachments  to  compel  the  attendance  of 
witnesses,  duly  summoned,  who  shall  fail  to  attend. 

Sec  9.  Upon  the  certified  copy  of  the  judgment  of  the  District  Court, 
OF  the  Supreme  Court,  the  County  Clerk  shall  issue  a  certificate  of  elec- 
tion to  the  person  declared  to  be  entitled  to  such  certificate. 

Sec  10.  The  Clerk,  Sheriff,  and  witnesses,  respectively,  shall  receive, 
from  the  person  against  whom  the  judgment  is  given,  the  same  fees  as 
are  allowed  for  similar  services  in  the  District  Courts. 

Sec  11.  When  an  election  shall  be  annulled  by  a  judgment  of  the 
District  Court;  and  no  appeal  is  taken  therefrom  within  thirty  days,  such 
an  election  shall  be  finally  annulled,  the  certificate  of  such  election 
shall  become  void,  and  the  office  shall  be  vacant;  provided  that,  if  it 
shall  appear  to  the  said  District  Court  that  any  other  person  than  the  one 
against  whom  judgment  has  been  rendered  was  fairly  and  legally  elected, 
the  said  Court  may  so  declare,  and  the  Clerk  of  the  proper  county  shall 
issue  a  certificate  of  election  to  the  proper  person. 

Sec  12.  In  case  of  any  contest  in  regard  to  any  election  to  fill  the 
office  of  District  Judge,  such  contest  shall  be  tried,  in  like  manner,  be- 
fore the  Distiict  Court  of  the  nearest  adjoining  district. 

Sec  13.     Any  such  action  may  be  brought  by  the  District  Attorney, 

in  the  name  of  the  State  of  ,  upon  his  own  information,  or  upon 

the  complaint  of  any  private  person,  against  any  person  who  holds  un- 
lawfully any  public  office  within  the  State ;  and  it  shall  be  the  duty  of 
the  District  Attorney  to  bring  such  action  whenever  he  has  reason  to  be- 
lieve that  any  such  office  is  held  or  exercised  unlawfully,  or  when  he  is 
directed  to  do  so  by  the  Governor. 

Sec  14.     When  such  action  is  brought,  the  District  Attorney  may  set 


CONTESTS   FOR   MEMBERS REMOVAL    FROM    OFFICE,    ETC.  69 

fortli  in  bis  complaint,  in  addition  to  the  statement  and  cause  of  action, 
the  name  of  the  person  rightly  entitled  to  the  office  or  franchise,  with  a 
statement  of  his  right  thereto,  and,  in  such  case,  upon  proof  by  affidavit 
or  otherwise,  that  the  defendant  has  received  fees  or  emoluments  be- 
longing to  the  offica  or  franchise  by  means  of  his  unlawful  occupancy, 
usurpation  thereof,  an  order  may  be  granted  by  a  Judge  of  the  Supreme 
Cijurt,  or  by  a  District  Judge,  for  the  arrest  of  such  defendant,  and 
holding  him  in  jail;  and,  thereupon,  he  may  be  arrested  and  held  to  bail 
iu  the  same  manner,  and  with  the  same  effect,  and  subject  to  the  same 
rights  and  liabilities  as  in  other  civil  actions,  when  the  defendant  is  sub- 
jt'rfc  to  arrest. 

Sec.  15.  If  judgment  shall  be  rendered  upon  the  right  of  the  person 
so  alleged  to  be  entitled  to  the  office  in  favor  of  such  person,  he  may  re- 
cover by  action  from  the  person  unlawfully  holding,  or  usurping  it,  the 
damage  which  he  shall  have  sustained  by  reason  of  the  usurpation  of 
tlio  office,  or  franchise,  by  the  defendant. 

Sec  16.  When  several  persons  claim  to  be  elected,  or  entitled  to  the 
same  office,  one  action  may  be  brought  by,  or  against,  all  such  persons, 
iu  order  to  tiy  their  resx^ective  rights  to  such  office. 


CHAPTER    XVIII. 

CONTESTS   FOR   MEMBERS    OF    THE    LEGHSLATTJRE. 

Section  1.  Sections  1,  2,  3,  4,  5  and  6,  of  this  Chapter,  same  as  52, 
Ho,  54,  55,  5G  and  57,  "  Act  Relating  to  Elections,"  approved  March  12, 
I'.rS,  (Statutes  of  Nevada)  as  to  contests  for  members  of  the  Legisla- 
tiu-e.  [Here  codify  and  insert,  with  any  improvements  deemed  of 
value,  all  existing  statutory  provisions  of  the  State.] 


CHAPTER    XIX. 

election  contests  fob  state  offices. 

Section  1.  Any  qualified  elector,  or  electors,  may  contest  the  election 
of  any  person  declared  duly  elected  to  any  State  office,  within  this  State, 
by  the  filing  of  a  specification  of  the  grounds  of  such  contest  with  the 
Clerk  of  the  Supreme  Court,  which  specification  shall  be  verified  by 
oath  or  affirmation;  and  it  is  hereby  made  the  duty  of  the  Attorney  Gen- 
eral to  prosecute  such  action,  in  the  name  of  the  people  of  the  State, 
before  the  Supremo  Court,  which  shall  have  original  jurisdiction  in  such 
cases.  The  Justices,  or  either  of  them,  shall  have  power  to  issue  such 
process  as  as  may  be  necessary  for  the  complete  hearing  and  final  deter- 
mination of  such  action. 


CHAPTER    XX. 

REMOVAL  FROM  OFFICE,  THROUGH  THE  COURTS THROUGH  THE  ACTION  OF  THE 

ELECTORS. 

Section  1.  Any  person  now  holding,  or  who  shall  hold  hereafter,  any 
office  in  this  State,  who  shall  refuse,  or,  from  unlawful  neglect,  fail  to 
perform  any  official  act,  in  the  manner  and  form  prescribed  by  law,  or 


70  REMOVAL   FROM   OFFICE,    ETC. 

who  shall  be  g-uiltv  of  any  malpractice,  or  malfeasance,  in  office  shall  bo 
removed  therefrom  as  herein  prescribed. 

Sec.  2.  Whenever  any  complaint,  in  writing,  duly  verified  by  the 
oath  of  any  complainant,  who  is  a  citizen  of  this  State,  shall  be  present- 
ed to  the  District  Court,  alleging  that  any  ofiicer,  within  the  jurisdiction 
of  said  Court,  has  been  guilty  of  charging  or  collecting  any  illegal  fees, 
for  serA-ices  rendered,  or  to  be  rendered,  in  his  office,  or  has  neglected  or 
refused  to  perform  the  official  duties  prescribed  by  law,  or  has  been 
guilty  of  any  malpractice  or  malfeasance  in  office,  it  shall  be  the  duty  of 
the  Judge  of  said  Court  to  cite  the  person  charged  to  ajipear  before  him 
on  a  certain  day,  not  more  than  ten  and  not  less  than  five  days  from  the 
time  when  said' complaint  shall  be  presented;  and,  on  that  day,  or  some 
subsequent  day,  not  more  than  twenty  days  from  that  on  which  said 
complaint  was"^  presented,  the  said  Court  shall  proceed,  in  a  summary 
manner,  to  hear  the  complaints  and  evidence  ofiered  by  the  party  com- 
plained of;  and  if,  on  such  hearing,  it  shall  appear  that  the  charge,  or 
charges,  of  such  complaint  are  sustained,  the  Court  shall  enter  a  decree 
that  said  person  complained  of  shall  be  deprived  of  his  office,  and  shall 
enter  a  judgment  of  $500  in  favor  of  the  complainant,  and  such  costs  as 
are  allowed  in  civil  cases.  But  the  complainant  will  be  held  liable  to 
the  State  for  all  the  costs,  and  to  the  officer  complained  of  for  all  dam- 
ages arising  from  willful  false  swearing,  or  malicious  misrepresentation 
during  the  suit,  besides  any  criminal  responsibilities  which  may  arise 
under  the  statutes. 

Sec  3.  The  Clerk  of  the  Court  in  which  such  proceedings  are  held 
shall  transmit,  within  three  days  thereafter,  to  the  Governor  of  the 
State,  or  Commissioners  of  the  county,  a  copy  of  any  decree,  or  judg- 
ment, declaring  any  officer  deprived  of  any  office  under  this  Act;  and 
the  Governor,  or  such  Commissioners  of  the  county,  shall  appoint  some 
person  to  fill  such  office  until  a  successor  shall  be  elected,  or  appointed 
and  qualified;  and  the  person  so  appointed  shall  give  bond  and  security 
as  are  provided  by  law  and   pertain  to  such  office. 

Sec.  4.  In  case  judgment  of  the  District  Court,  as  herein  provided, 
shall  be  against  the  officer  complained  of,  and  an  appeal  shall  be  taken 
the  judgment  as  rendered,  the  officer  so  appealing  shall  not  hold  his  of- 
fice during  the  pending  of  such  appeal,  but  the  office  shall  be  filled  as  in 
cases  of  vacanc^^ 

Sec  5.  When  it  shall  be  shown  by  the  official  returns  that  the  dis- 
placement of  any  elective  officer,  of  any  county,  municipality,  or  politi- 
cal division  thereof,  whose  term  of  ser\dce  extends  one  year  or  more 
from  the  first  day  of  the  next  January,  was  proposed  by  a  majority  of 
the  electors  of  the  same  at  the  last  general  primary  election,  the  Com- 
missioners of  the  county,  in  their  notices  of  the  next  general  final  elec- 
tion, shall  clearly  state  the  fact,  and  announce  the  names  of  three  i:)er- 
sons,  if  so  many  were  nominated;  or,  if  not,  the  names  of  the  persons 
who  received  the  highest  number  of  votes  at  said  primary  election  as 
candidates  to  be  voted  for  at  the  next  general  fi-ual  election,  to  rej^lace  in 
such  office  the  incumbent  thereof;  and  the  Commissioners  shall  also 
state,  in  said  notices,  that  the  electors  of  the  political  divisons  are  at 
liberty  to  vote  for  either  of  these  persons. 

Sec  6.  When  it  shall  be  shown  by  the  official  retm-ns  that  the  dis- 
placement of  any  elective  officer,  or  officers,  of  districts  containing 
more  than  one  county,  or,  of  the  State,  whose  term  of  service  extends 
one  year  or  more  from  the  first  Monday  of  the  next  January,  was  pro- 
posed at  the  last  general  primary  election  by  a  majority  of  the  electors 


INFORM ATIOX,    EXPRESSIONS,    INSTRUCTIONS,    ETC.  71 

of  sucli  district,  or  of  the  State,  the  Secretary  of  State;  ^-ithiu  twenty 
days  after  such  primars^  election,  or  immediately  upon  his  making  up  of 
the  official  returns  of  such  election,  shall  publish  generally,  in  the  usual 
manner,  throughout  the  State,  and,  in  case  of  a  district  officer,  esjDecially 
iu  the  distiict,  a  notice  stating  the  facts,  and  calling  special  attention  to 
the  same.  In  the  same  notice  he  shall  announce  the  names  of  those  per- 
sons who  received  the  highest  number  of  votes  as  candidates  to  be  voted 
f :  ir  to  replace  in  each  office  the  incumbent  thereof,  whom  a  majority  of 
the  electors  j^roposed  to  disi:)lace.  The  Commissioners  of  the  several 
coanlies  of  such  distiicts,  or  of  the  State,  shall  embody  this  notice  in  their 
Justices  of  the  next  general  final  election. 

Sec.  7.  If,  at  the  next  general  final  election,  there  shall  be  cast,  in 
the  proper  political  division,  or  in  the  State,  more  votes  for  nominees 
to  replace  in  any  elective  office  an  officer  whose  displacement  has  been 
projDOsed  in  the  manner  described  iu  Sections  5  and  G,  this  Chapter, 
than  have  declined  or  failed  to  vote  for  such  nominees,  the  said  elect- 
ive office  shall  become  vacant  on  the  first  Monday  of  the  next  January; 
and  that  one  of  the  nominees  for  such  office,  who  received  at  .such  gen- 
eral final  election  the  highest  number  of  votes,  shall  be  thereby  desig- 
nated and  appointed  to  fill  such  vacancy;  and,  on  the  first  Tuesday 
after  the  first  Monday  of  the  next  January  shall  replace  in  the  office  the 
displaced  of^cer.  If  all  votes  cast  at  such  final  election,  for  all  the 
nominees  for  such  office,  do  not  exceed  in  number  the  electors  of  the 
proper  political  division,  or  of  the  State,  who  declined  or  failed  to  vote 
for  "such  nominees,  then  the  incumbent  of  such  office  shall  continue  to 
hold  and  exercise  the  same.  The  terms  of  the  persons  who  may  be 
thus  designated  and  ai^pointed  to  replace  elective  officers  shall  extend 
from  the  first  Tuesday  after  the  first  Monday  of  the  next  January  after 
the  final  election,  to  "the  time  of  the  expiration  of  the  original  terms 
of  the  displaced  officei'S. 


CHAPTER    XXI. 

PUBLIC   nsTORMATION    AND    EEC05IMEXDATI0NS EXPRESSIONS    OF    ELECTORS    AT  PRI- 
MARY   ELECTIONS INSTRUCTIONS    AT   FINAL  ELECTIONS. 

Section  1.  AVhen  it  shall  appear,  from  the  official  returns  of  infoi-ma- 
tions,  that  a  majority  of  the  electors  of  the  State  have  concurred  in  re- 
commending, or  disapproving,  specific  measures  of  legislation,  or  of 
public  policy,  alTecting  the  State,  and  no  subsequent  action  of  a  difier- 
ent  kind  shall  have  been  taken  meantime  by  the  majority  of  said  elect- 
ors, at  a  primary  or  final  election,  the  Govcnror  of  the  State,  in  his  next 
annual  message  to  the  Legislature,  .shall  refer  and  call  attention  to  the 
facts  as  to  such  concurrence,  and  recommend  such  public  action  in  rela- 
tion thereto  as  ho  may  deem  advisable. 

Sec.  2.  The  Governor  shall  also  particularly  refer,  in  his  annual  mes- 
sage, to  the  action  of  the  majority  of  the  electors  upon  propositions  as 
to  legislation,  and  declarations  as  to  administrative  practices,  official 
conduct  and  other  public  matters,  of  a  State  or  national  character,  made 
at  the  last  general  primary  election;  when  no  decisive  action  shall  have 
been  taken  upon  these  subjects  by  the  electors  at  a  subsequent  general 
final  electif)n,  and  shall  make  such  recommendations  as  he  may  deem 
proper  in  reference  thereto. 

Sec  3.     AVhen  it  .shall  appear,  from  the  official  returns,  that  s-peci&a 


72  INFORMATION,    EXPRESSIONS,    INSTRUCTIONS,    ETC. 

instructions,  as  to  matters  of  legislation,  with  reg-ard  to  which  the  State 
Legislature  has  the  constitutional  power  to  act,  have  been  given  to  that 
body  by  the  majority  of  the  electors  of  this  State,  at  a  final  election,  the 
Governor,  in  his  next  annual  message,  shall  call  the  attention  of  the 
Senate  and  the  Assembly  to  each  of  such  specific  instrvictions.  When 
this  has  been  done,  these  instructions,  by  virtue  of  Section  — ,  Article 
— ,  of  the  Constitution  of  the  State,  where  such  right  of  instruction  has 
been  specified,  (or  where  not)  are  hereby  declai'ed  to  be  mandatory  upon 
each  House  of  the  Legislature. 

Sec.  4.  It  is  hereby  made  a  rule  of  legislation  of  the  Senate,  and  of 
the  Assembly,  (each  House  hereby  declaring-  its  concurrence  therein)  on 
such  notice;  and  a  requirement  of  law  upon  each  official  body,  in  each 
county  and  municipality  of  this  State,  after  publication  of  the  official 
returns  of  a  final  election,  showing  that  specific  instructions  have  been 
given  to  such  official  body,  by  a  majority  of  the  electors  of  the  proper 
political  dLvision,  at  its  first  session  thereafter,  and  on  the  next  day  after 
its  organization,  to  appoint  a  special  commission,  to  consist  of  not  less 
than  three  nor  more  than  five  joersons,  who  may  or  may  not  be  members 
of  such  House,  or  of  such  official  body,  whose  duty  it  shall  be  to  prepare 
and  report,  within  ten  days  thereafter,  the  form  of  an  act  for  carrying 
into  eft'ect  each  sj^ecific  instruction,  thus  given  to  such  House,  or  such 
official  body.  Under  [the  constitutioal  declaration.  Article  1,  referred  to, 
or]  Section. 3,  this  Chapter,  of  this  Act,  it  will  be  the  duty  of  each  of  the 
two  Houses  of  the  Legislature,  immediately  after  the  report  of  such 
commission,  to  enact  such  a  law,  or  such  laws,  not  in  violation  of  the 
State  or  Federal  Constitution,  as  will  best  embody  and  carry  into  effect 
the  instruction  or  instructions  given.  The  local  legislative  bodies,  above 
refeiTcd  to  in  this  Section  are  hereby  required,  immediately  on  the  re- 
port of  their  several  commissions,  to  enact  such  laws  for  their  respective 
political  divisions. 

Sec.  5.  When  the  majority  of  the  electors  of  any  Senatorial  or* As- 
sembly district  have  voted,  at  any  general  final  election,  in  favor  of  spe- 
cific instructions  as  to  future  State  legislation,  or  public  meetings  of  the 
electors,  in  the  manner  hereinafter  provided,  in  favor  of  specific  instruc- 
tions, as  to  i^ending  or  necessary  State  legislation,  such  instruction  shall 
be  mandatory  upon  the  Senator  and  members  of  the  Assembl}^  of  the  dis- 
trict; provided,  the  same  shall  be  officially  verified,  and  shall  not  have 
been  overruled  by  the  adverse  instruction  of  a  majority  of  the  electors 
of  the  State,  at  the  last  general  final  election. 

Sec.  6.  When  any  member  of  the  State  Senate,  or  of  the  Assembly, 
shall  refuse  or  fail  to  comply  with  the  instructions  of  his  constituents, 
thus  given  and  verified  and  not  thus  overruled,  of  which  he  has  had  due 
legal  notice,  his  refusal  or  failure  shall  be  deemed  a  non-performance  of 
duty  sufficient  to  vacate  his  office;  and,  upon  due  proof  of  the  facts,  the 
office  shall  become  vacant.  The  same  provisions,  under  like  conditions, 
shall  apply  to  all  local  legislative  affairs  of  this  State. 

Sec.  7.  When  the  electors  of  any  Senatorial  or  Assembly  district  in 
this  State,  through  legal  methods,  have  instructed  a  member  of  the 
State  Senate,  or  of  the  Assembly,  as  to  any  matter  of  legislation,  the 
County  Clerk  of  the  district,  or  the  County  Clerk  of  that  county  of  the 
district  whose  duty  it  is  to  make  uj)  the  election  returns  of  the  district, 
shall  make  two  certificates  as  to  each  specific  instruction,  thus  given  at 
final  elections,  or  public  meetings  of  the  electors,  and  send  one  of  the 
certificates,  by  mail  or  exjoress,  to  each  member  instructed,  and  one  to 
the  Joiu-nal  Clerk  of  the  House  of  which  the  instructed  is  a  member. 


INFORMATION,    EXPRESSIONS,    INSTRUCTIONS,    ETC.  Y3 

The  Journal  Clerk  or  clerks  of  said  House  or  Houses,  on  receipt  of  said 
certificates,  shall  enter  a  copy  of  it  on  the  journal  of  the  j^roper  House. 
If  any  such  memher,  after  receiving  such  certificate,  or  after  such  en- 
try of  the  same,  shall  vote  or  act  in  violation  o'f  his  instructions,  or 
fail  to  vote  or  act  in  accordance  therewith,  when  he  has  an  opportunity 
of  so  doing,  and  when  such  instruction  shall  not  be  overruled,  as  pro- 
vided in  Section  5,  this  Chapter,  his  incumbency  of  the  office  shall  cease; 
and,  if  thereafter,  he  shall  exercise,  or  attempt  to  exercise,  the  powers' 
or  perform  the  duties  of  the  same,  he  shall  l)e  subject  to  the  punish- 
ment provided  in  Section  IG,  Chapter  XXVIII,  of  this  Act.  It  shall 
be  the  duty  of  the  presiding  officer  of  the  House  to  notify  the  Governor 
in  such  cases,  as  in  other  cases  of  vacancy  therein;  provided,  that  such 
Senator  or  member  of  the  Assembly  may  appeal  to  the  House  of  which 
he  is  a  member,  as  to  the  question  whether  such  instruction  was  legally 
given  by  the  majority  of  the  electors  of  the  proper  district,  the  said  Sen- 
ator or  member  of  the  Assembly  meantime  refraining  from  action  ad- 
verse to  such  instructions;  and  that  said  House  shall  declare  this  ques- 
tion within  ten  days  from  the  time  of  such  appeal.  In  case  it  shall  be 
decided  by  the  House,  within  such  time  that  the  instruction  was  not  le- 
gally given,  it  shall  be  and  remain  without  force  or  effect. 

Sec.  8.  When  any  Senator  or  Representative,  in  the  Congress  of  the 
United  States,  shall  give  notice,  over  his  signature,  to  the  Secretary  of 
State,  that  he  desires,  if  a  Senator  in  Congress,  the  electors  of  this 
State,  or,  if  a  Representative  in  Congress,  the  electors  of  his  Congres- 
sional district,  to  express  their  views  and  wishes  as  to  any  legislative 
matter  within  the  power  of  Congress,  at  the  time  of  making  up  their 
next  returns  of  information,  or  at  their  next  general  primary  election, 
the  Secretary  of  State  shall  immediately  cause  circulars,  containing  a 
coi:)y  of  the  request,  to  be  printed  and  sent  by  mail  to  the  several  Boards 
of  County  Commissioners  of  the  State  or  of  the  district,  as  the  case  may 
require;  and  after  the  receijit  of  such  circulars  the  said  boards  shall  cause 
notices  of  the  request  to  be  published,  generally,  in  their  respective 
counties,  not  less  than  ten,  and  not  more  than  thirty  days,  immediatel}' 
l^receding  the  time  fixed  by  law  for  issuing  to  the  electors  blank  informa- 
tion sheets,  when  it  is  desired  by  such  Senator  or  Reju-esentative,  that 
such  expression  shall  be  made  in  the  Returns  of  Information;  and  not 
less  than  twenty  nor  more  than  sixty  days,  when  it  is  desired  by  such 
Senator  or  Representative,  that  such  expression  shall  be  made  at  such 
primary  election.  In  the  former  case,  each  Register  of  the  State  or  of 
the  Congressional  district,  should  notify  each  elector  of  such  request, 
when  sending  him  his  blank  information  sheet.  When  any  Senator  or 
mcmljer  oi  Assembly  of  this  State  shall  i:)ublish,  in  a  newspaper  of  gen- 
eral circulation  in  the  Senatorial  or  Assembly  district  which  ho  repre- 
sents, for  not  less  than  ten  days  immediately  preceding  the  time  fixed  by 
lav/  for  issuing  to  electors  blank  information  sheets,  his  request  that  the 
electors  of  such  district  shall  express  their  opinions  and  wishes  as  to  any 
legislative  matter  within  the  powers  of  the  State  Legislature  in  their  next 
Returns  of  Information,  the  Registers  within  such  district,  shall  notify 
the  electors  thereof  of  this  request,  when  sending  them  their  Information 
Blanks;  or  when  such  Senator  or  member  of  the  Assembly  shall  so  pub- 
lish for  ten  days  immediately  preceding,  and  during  the  time  in  which 
notices  of  the  next  general  primary  election  are  to  be  published  by  the 
Commissioners  of  the  county,  or  of  the  several  counties  of  the  district, 
such  request  that  the  electors  shall  express  their  opinions  and  desires  as 
10 


74  INFORMATION,    EXPRESSIONS,    INSTRUCTIONS,   ETC. 

to  siich  legislative  mnttei',  at  such  primary  election;  the  said  Commission- 
ers shall  also  f^ive  notice  of  the  request  in  their  notices  of  snch  election, 
and  ask  the  electors  to  act  Avith  reference  thereto.  At  the  next  general 
final  election,  after  such  expression,  the  electors  of  the  State,  if  the 
expression  "was  made  at  the  request  of  a  Senator  in  Congress  from  this 
State,  or  the  electors  of  the  Congressional,  State  Senatorial,  or  Assembly- 
district,  as  the  case  may  require;  if  the  expression  was  made  at  the 
request  of  a  Eepresentative  in  Congress  from  this  State,  a  State  Senator 
or  a  member  of  Assembly  of  the  proper  district,  may  vote  for  or  against 
instruction,  as  to  the  matter  specified  in  such  request,  -when  such  in- 
struction has  been  recommended  by  a  majority  of  the  electors  of  the  State 
or  district,  in  their  Returns  of  Information,  or  prepared  by  them  at  the 
last  general  primary  election. 

Sec.  9.  The  majority  of  the  electors  of  any  Congressional  District  of 
their  own  primary  motion,  may  instruct  their  Representative  in  the  Con- 
gress of  the  United  States,  at  the  same  times  and  in  the  same  manner, 
and  through  the  official  agencies  prescribed  and  provided  in  this  Act,  for 
the  instruction  by  request  of  the  State  Senators  and  members  of  the  Assem- 
bly. "When  it  shall  be  ascertained,  officially,  that  specific  instructions 
have  been  given  by  a  majority  of  the  electors  of  a  Congressional  district 
to  its  Representatives  in  Congress,  the  Secretary  of  State  shall  immedi- 
ately make  out  and  send  to  the  Representative  so  instructed,  a  certificate 
of  each  specific  instruction. 

Sec.  10.  "When  a  majority  of  the  electors  of  this  State  have  proposed 
to  the  State  Legislature,  at  any  general  primary  election,  any  specific 
instruction  to  the  Senators  in  Congress  from  this  State,  and  at  the  next 
general  final  election  have  requested  that  body  to  instruct  such  Senators 
in  accordance  thereto,  it  is  hereby  declared  the  constitutional  duty  of  the 
two  houses  of  the  Legislature,  in  joint  session,  to  pass  a  resolution  em- 
bodying such  specific  instruction,  certify  the  same,  and  cause  it  to  be 
sent  immediately  to  such  Senators. 

Sec.  II.  In  the  event  of  the  disregard,  by  a  Representative  in  Con- 
gress, from  any  district  of  this  State,  of  the  instructions  of  the  majority 
of  his  constituents,  and  of  his  refusal  or  failure  to  comply  with  the  same, 
when  given  in  the  method  herein  provided;  or  if  a  Senator  in  the  Con- 
gress of  the  United  States,  from  this  State,  shall  disregard  or  refuse,  or 
fail  to  comply  with  the  specific  instructions  of  the  Legislature  of  this 
State,  as  herein  provided  for,  and  after  due  notice,  such  Representative 
or  Senator  shall  continue  to  hold  and  exercise  the  office  for  which  he  was 
chosen,  the  Governor  of  this  State  is  hereby  authorized,  in  the  name  of 
the  State,  or  in  behalf  of  the  people  thereof,  to  have  tested  before  the 
liroj)er  house,  or  the  proper  Court  or  Courts,  by  all  proper  legal  methods, 
the  right  of  these  officers  to  hold  and  exercise  the  powers  and  duties  of 
these  offices,  while  acting  thus  in  open  disregard  and  contempt  of  the 
legally  expressed  will  and  wishes  of  their  constitiients.  The  Attorney 
General  of  this  State  is  hereby  required  to  represent  the  State,  in  behalf 
of  the  people  thereof,  in  all  actions  or  legal  proceedings  instituted  by 
the  Governor,  under  the  authority  and  provisions  of  this  Section.  For 
the  purpose  of  making  a  test  case,  the  Governor  is  hereby  authorized,  in 
case  of  such  refusal  or  failure,  to  provide  for  the  filling  of  such  offices  as 
in  other  cases  of  yacancy  therein. 


POPULAR  SANCTION    OF   LEGISLATIVE   ACTS.  75 

CHAPTEE    XXII. 

POPULAR  SANCTION  OF  LEGISLATIVE  ACTS. 

Section  1.  It  is  hereby  made  a  joint  rule  of  legislation  of  the  Senate 
and  of  the  Assembly  (each  house  hereby  declaring-  its  concurrence  therein) 
that  all  general  acts  of  the  Legislature,  and  all  acts  of  the  Legislature 

involving  an  additional  expenditure  of  more  than dollars,  before 

going  into  effect,  shall  be  submitted  to  a  vote  of  the  electors  of  this  State 
and  be  sanctioned  by  the  votes  of  a  majoiity  of  the  electors  of  the  same, 
voting  thereon.  It  is  hereby  made  obligatory  upon  the  legislative 
authorities  of  the  several  counties  and  municipalities  of  this  State,  and 
of  each  joolitical  division  of  the  same,  to  submit  all  their  general  legisla- 
tive Acts,  respectively,  in  like  manner  to  the  decision  of  a  majority  of  the 
electors  of  the  same  voting  thereon,  in  each  of  the  respective  political 
di-dsions;  and  until  such  acts  have  been  thus  submitted  and  have 
received  the  sanction  of  the  votes  of  a  majority  of  the  electors  voting 
thereon,  they  shall  not  go  into  effect. 

Sec.  2.-  It  is  hereby  required  that  all  legislative  acts  of  the  several 
counties  and  municipal  corporations  of  this  State,  and  of  each  political 
division  of  such  counties  and  municipalities,  shall  be  in  strict  con- 
formity with  the  requirements  of  the  Constitution  of  the  State  as  to 
general  legislation;  and  that  the  legislative  authorities  of  such  counties, 
municipalities,  and  the  political  divisions  thereof,  shall  observe  strictly 
the  requirements  of  this  Act  intended  to  give  practical  effect  to  the 
declaration  contained  in  the  Constitution  of  the  State  as  to  the  rights  of 
the  people  freely  to  assemble  and  instruct  their  representatives. 

Sec.  3.  It  shall  be  a  rule  of  legislation  of  the  Senate  and  of  the 
Assembly  (each  house  hereby  declaring  its  concurrence  therein)  that  the 
Committee  of  Ways  and  Means  of  their  bodies,  each,  or  some  other  ap- 
propi'iate  committee  of  the  same,  befox'e  the  final  j^assage  of  any  act 
involving  increased  j^ublic  exj^enditures,  or  which  it  is  believed  will  effect 
a  material  saving  therein,  shall  make  and  report  to  the  proper  House,  an 
estimate  of  the  annual  increase  of  expenditure  to  the  State  which  it  will 
cause,  or  of  the  annual  saving  to  the  State  which  it  will  effect.  Within 
sixty  days  after  the  adjournment  of  the  Legislature,  the  State  Controller 
and  State  Treasurer  shall  make  and  publish  a  joint  estimate,  or  sej)arate 
estimates,  of  the  public  expenditure  which  will  arise  from  the  execution 
of  each  act  passed  by  the  Legislature  at  its  last  session,  or  the  saving  of 
such  expenditure  which  would  result  from  the  2)ractical  oi:)eration  of  the 
Act.  The  joint  estimate  or  separate  estimates  of  the  State  Controller 
and  State  Treasurer,  when  made,  shall  be  sent  immediately  by  these 
officers  to  the  Secretary  of  State,  and  such  joint  estimantes,  or  the  aver- 
age of  such  separate  estimates  for  each  act,  shall  be  published  by  the 
Secretary  of  State  immediately  before  and  in  connection  with  the  act, 
at  and  during  the  time  of  the  publication  of  legislative  acts. 

Sec.  4.  AVithin  sixty  days  after  the  close  of  each  session  of  the 
State  Legislature,  the  Seci'ctary  of  State  shall  cause  copies  of  its  acts  to 
bo  prepared  and  a  sufficient  number  printed,  on  sheets  or  in  book  form, 
and  immediately  thereafter  shall  send  one  such  jirinted  cojn'  of  each  of 
such  acts  to  the  newspaper  of  largest  circulation  in  each  county  of  the 
State,  in  which  a  news])aper  is  published,  and  shall  cause  a  copy  of  each 
of  such  acts  to  be  published  in  each  of  such  newspapers  within  four 
months  of  the  close  of  each  session.     He  shall  pre2)are  and  publish  in 


76  PRESIDENTIAL   ELECTION. 

each  of  sxicli  newspapers,  for  sixty  days  immediately  preceding  tlie  gen- 
eral final  election,  a  sepai\ate  list  of  the  acts  which  are  to  be  submitted 
to  the  votes  of  the  electors,  number  those  acts  in  such  list,  and  designate 
them  by  their  numbers  and  titles,  in  the  order  of  their  numbers.  The 
Commissioners  of  the  several  counties  shall  include  this  list  in  their 
proclamations  and  notices  of  the  next  general  final  election. 

Sec.  5.  At  the  next  general  final  election  held  after  the  close  of  a 
legislative  session,  all  tlie  acts  coming  Avithin  the  rule  of  legislation 
established  in  Section  4,  Chapter  XXI,  shall  be  submitted  to  the  votes 
of  the  electors  of  this  State,  in  the  respective  election  precincts,  and  all 
acts  of  the  same  not  especially  and  in  direct  terms  excepted,  shall  be 
so  submitted  to  the  votes  of  said  electors.  The  votes  For  and  Agalmt 
acts  of  the  State  Legislature  and  For  and  At/aind  local  legiidation  acts 
to  be  submitted,  shall  be  upon  separate  ballots,  at  the  head  of  Avliich 
shall  be  written  or  printed  the  title  "Acts  Submitted."  The  legislative 
acts  of  the  several  political  divisions  described  in  Section  2,  Chapter 
XXIV,  having  been  published  therein  previously  for  thirty  days,  shall  bo 
submitted  in  the  same  manner,  by  their  numbers  and  titles,  and  lists  of 
the  same  shall  be  published  by  the  Commissioners  of  the  county,  in  or 
with  their  official  proclamations  and  notices  of  the  elections,  at  which 
they  are  to  be  voted  upon.  An  elector  who  wishes  to  express  by  his  vote 
his  approval  or  disapproval  of  an  act,  will  write  or  see  that  there  is 
written  or  printed,  in  the  blank  space  of  the  ballot  at  the  right  of  the 
title  the  Avord  For  or  Ar/aind.  "When  neither  word  shall  appear  in  this 
space,  opposite  the  number  and  title  of  an  act,  there  will  be  no  vote  of 
the  elector  on  the  act. 

Sec.  G.  When  it  has  been  officially  ascertained  that  any  act  of  the  State 
Legislature  submitted  to  the  electors,  has  received  a  majority  of  the  votes 
of  the  electors  voting  thereon,  such  act  shall  stand  approved  as  an 
actual  and  effective  law  of  the  State.  The  i-esults  of  the  votes  upon  each 
of  said  acts  so  submitted  shall  be  announced  by  a  proclamation  of  the 
Governor,  as.  soon  as  the  same  has  been  officially  ascertained.  The 
results  of  the  votes  upoii  acts  of  the  legislative  boards  of  the  several 
political  divisions  of  the  State  shall  be  published  therein,  when  officially 
ascertained  by  the  clerks  of  the  respective  counties,  under  the  direction 
of  the  Commissioners  of  such  counties,  and  such  acts  shall  then  become 
actual  and  effective  laws  of  such  political  divisions. 


CHAPTER    XXIII. 

PRESIDENTIAL  ELECTION. 

Section  1.  After  the  votes  for  President  and  Vice  President,  and  for 
Electors  of  President  and  Vice  President,  have  been  canvassed,  as  pro- 
vided in  Section  14,  Chapter  XV,  of  this  Act,  notice  of  these  votes  and 
of  the  election  of  such  Electors  shall  be  given  in  the  same  manner  as  is 
required  to  be  given  of  other  elections;  and  the  election  of  said  Electors 
shall  be  made  in  the  same  manner  as  is  prescribed  by  law  in  regard  to 
the  election  of  Piepresentatives  in  Congress. 

Sec  2.  The  Electors  so  chosen  shall  convene  at  the  seat  of  govern- 
ment on  the  first  Wednesday  in  December  next  after  their  election,  and 
in  case  of  the  death  or  absence  of  any  Elector  so  chosen,  or  in  case  the 
number  of  such  Electors,  from  any  cause,  shall  be  deficient,  the  Electoi'S 


Tl-T 


MEETINGS    OF   THE    ELECTORS,    ETC.  7  / 

then  present  shall  forthwith  elect,  from   the  qualified  electors  of   this 
State,  as  many  persons  as  shall  supply'  the  deficiency. 

Sec.  3.  The  Electoi's,  when  convened,  are  hereby  commanded  to  vote 
by  ballot  for  the  one  jierson  for  President  who  has  been  ofiicially  de- 
clared to  have  received  a  majority,  or  plurality,  of  the  votes  of  the  electors 
of  this  State  at  the  last  Presidential  election,  as  their  choice  for  the  office 
of  President;  and  for  the  one  ])erson  for  Vice  President  who  has  been 
thus  declared  to  have  then  received  a  majority  or  plurality  of  the  votes  of 
the  electors  of  this  State  as  their  choice  for  the  office  of  Vice  President; 
provided,  that  one  of  these  persons  shall  not  be  an  inhabitant  of  this 
State.  If  both  of  these  persons  shall  be  inhabitants  of  this  State,  said 
Presidential  Electors  shall,  by  ballot,  exclude  one  of  the  names  from 
being  voted  for,  and  shall  then  be  at  liberty  to  vote  for  any  other  quali- 
fied person  for  the  office  for  which  such  excluded  person  received  the 
highest  number  of  votes.  They  shall  name  in  their  ballots  the  person 
voted  for  as  President,  and  on  distinct  ballots  the  person  voted  for  as 
Yice  President;  and  Vaey  shall  make  distinct  statements  or  lists  as  to  the 
person  or  persons  voted  for  as  President,  and  the  person  or  persons  voted 
for  as  Yice  President,  which  statements  or  lists  they  shall  sign  and  certify 
and  transmit,  sealed,  to  the  seat  of  government  of  the  United  States, 
directed  to  the  President  of  the  Senate. 


CHAPTER    XXIV. 

PUBLIC    MEETINGS    OF    THE    ELECTOES PROVISION   FOR    PITiLIC    ACTION    ON    SPECL\L 

OCCASIONS  AND  IN  UNUSUAL  EXIGENCIES. 

Section  1.  As  supplementaiy  to  the  other  provisions  of  this  Act, 
for  the  legal  regulation  and  control  of  initial  and  intermediary  public 
action,  and  especially  for  the  purpose  of  supplying  the  means  of  authentic 
and  authoritative  action,  on  special  occasions,  and  in  unusual  exigencies, 
it  is  hereby  provided,  that  public  meetings  of  the  electors,  in  which  every 
elector  of  the  precinct  or  registration  district,  shall  have  an  equal  right 
to  participate  and  an  equal  vote,  may  be  called  and  held,  for  the  purposes 
herein  specified: 

1.  By  certain  proportional  numbers  of  the  electors; 

2.  By  certain  public  officials  for  their  guidance  or  instraction; 

3.  By  the  Secretary  of  State  or  Commissioners  of  the  County,  for 
nomination  of  persons  as  candidates  to  bo  voted  for  at  special  elections. 


Sec.  2.     The  objects  for  which  such  meetings  may  be  called  and  held. 


are- 


1.  Consideration  of  political  principles,  public  policy,  and  public 
affairs,  affecting  the  local  political  division,  the  county,  the  district,  the 
State  or  the  L'nited  States;  and  exjjressions  of  opinion  with  reference 
thereto; 

2.  All  objects  stated  or  referred  to  in  Section  2,  Cha]')ter  IV  and  Chap- 
ter V,  of  this  Act,  except  nominations  for  elective  offices,  and  disjilace- 
ment  and  replacement,  when  there  is  not  sufficient  time  for  public  action 
by  the  electors  through  other  means  provided  in  this  Act;  and  when  the 
exigency  in  unusual  and  the  necessity  is  urgent; 

3.  Public  action  as  to  pending  proposed  measures  of  legislation,  or  as 


78  MEETINGS   OF   THE   ELECTORS,    ETC. 

to  legislation  which  is  believed,  by  the  electors,  to  bo  immediately  neces- 
sary; and  instruction  of  the  Representative  of  the  CongTCssional  District 
as  to  such  matters  of  national  legislation,  or  of  the  State  Senator,  or  the 
Member  of  the  Assembly,  from  the  Senatorial  or  Assembly  District,  as 
to  such  mattei's  of  State  legislation; 

4.  Nomination  of  persons  as  candidates  for  offices  to  be  filled  at  special 
elections. 

For  the  object  first  named,  public  meetings  of  the  electors  may  be 
convened  by  a  call  signed  by  one-tenth,  in  number,  of  the  electors  of  the 
precinct  of  the  registration  district,  after  not  less  than  three,  and  not  more 
than  ten,  days  general  publication  and  printing  of  notices,  in  the  same 
as  to  time  and  place ; 

For  the  objects  mentioned  under  the  second  head,  by  a  call  signed 
by  one-fourth,  in  number,  of  the  electors  of  the  precinct  or  district,  or 
in  matters  relating  to  public  administration,  or  official  conduct,  in  the 
township  or  county,  by  a  call  signed  by  a  majority  of  the  Commissioners 
of  the  county,  or  in  such  matters  relating  to  a  district  containing  more 
than  one  county,  to  the  State,  or  to  the  United  States,  by  a  call  signed 
by  the  Governor  of  this  State,  after  not  less  than  five  and  not  more  than 
twenty  days,  like  publication  and  action; 

For  the  objects  mentioned  under  the  third  head,  by  a  call  signed  by 
one-fourth,  in  number,  of  the  electors  of  the  precinct  or  district,  or  at 
the  published  authentic  request  of  a  Senator  in  Congress  from  this  State, 
or  the  Representative  in  Congress  from  the  Congressional  District,  or  of 
a  State  Senator  from  the  Senatorial  District,  or  a  Member  of  the  Assem- 
bly from  the  Assembly  District,  after  not  less  than  five,  and  not  more 
than  twenty  days,  like  j^ublication  and  notice; 

For  the  objects  named  under  the  fourth  head,  by  the  calls  of  the  Sec- 
retary of  State  and  Commissioners  of  the  county,  with  respect  to  offices 
of  districts  containing  more  than  one  county,  and  State  offices;  and  on 
the  call  of  the  Commissioners  of  the  county,  only  with  respect  to  pre- 
cinct, township,  municipal  and  county  offices,  after  not  less  than  five  days 
like  publication  and  notice. 

Sec.  3.  The  official  calls  of  the  Grovernor  and  Secretary  of  State  shall 
be  sent  by  mail  or  express,  or,  when  the  urgency  of  the  case  demands  it, 
by  telegi'aph  at  the  expense  of  the  State,  and  in  due  time  to  the  several 
Commissioners  of  the  several  counties  in  which  j^ublic  meetings  are  to  be 
held,  for  the  object  or  objects  herein  designated.  The  Commissioners  of 
the  several  counties,  on  receipt  of  such  calls,  shall  immediately  prejiare 
and  send  to  each  Register  of  the  county  notices  of  such  meeting,  leaving 
the  jilaces  of  meeting  blank.  The  Register  of  each  district  shall  fix  the 
jDlace  of  meeting  in  the  same,  and  during  the  time  prescribed  shall  jjub- 
lish  and  post  notices  of  the  meeting  as  required  by  law.  When  a  Senator 
or  Representative  in  Congress,  or  a  State  Senator,  or  a  member  of  the 
Assembly,  wishes  to  call  public  meetings  of  the  electors  for  the  objects 
stated  in  Section  2  of  this  Chapter,  such  officer  shall  publish  his  request 
over  his  signature,  in  a  newspaper  or  newspapers  of  general  cii'culatiou 
in  the  State  or  district,  as  the  ease  may  require,  and  fix  the  time  of  such 
meetings.  The  several  Registers  of  the  State  or  district  shall  take  offi- 
cial notice  of  such  publication,  fix  the  places  of  meeting,  and  publish  and 
jjost  the  legal  notices  required.  Public  meetings  of  the  electors  for 
township,  county,  district.  State,  or  national  purposes,  except  as  provided 
in  Section  14,  this  Chapter,  shall  be  held  in  and  for  each  Registration  Dis- 
trict, of  the  i:»roper  political  division,  or  of  the  State.  When  public 
meetings  of  the   electors  are   called  by  i)ublic  officers  the   call   shall 


MEETINGS   OF   THE   ELECTORSj    ETC.  79 

embrace  the  whole  political  division  or  district  directly  concerned  in  the 
j)ublic  matter  or  office  with  respect  to  which  action  is  to  be  taken,  or  the 
whole  State,  when  a  State  office  or  matter  is  to  be  acted  upon. 

Sec.  4.     The  Kegister  or  an  acting-  Deputy  Register,  shall  be  present 
at  the  time  and  place  legally  designated  for  each  jiublic  meeting  of  the 
electors  of  the  Eegistration  District  or  precinct,  and  shall  have  with  him 
a  certified  alphabetical  list  of  the  registered  electors  of  the  precinct,  or 
Eegistration  District.     The  hall  in  which  such  meeting  is  to  be  held,  if 
not  clear,   shall   be  cleared  by  the  Register,  or  Acting  Register,  of  all 
persons  therein.     This  officer  shall  take  a  seat  in  front  of  a  suitable  table 
or  desk.     In  front  of  and  near  the  Register  or  Acting  Register,  shall  be 
l^laced  a   small  platform,  raised  one  foot  from  the  floor,  ujDon  which  a 
person  may  conveniently  stand,  when  entering  into  the  jolace  of  meetin", 
each  elector  shall  atep  on  this  i:>latform,  face  the  Register,  or  Actin» 
Register,  and  announce  his  own  name.     If  the  person  is  known  to  this 
officer  as  an  elector,  the  officer  shall  find  the  name  of  the  person  upon 
the  list,  check  it  thereupon  and  say,  "check";  when   the  i:)erson  shall 
turn  his  face  toward  the  body  of  the  hall  for  a  moment,  and  if  no  objec- 
tion is  made  to  his  entrance  therein  as  an  elector  he  shall  stej^  down  aud 
take  his  place  therein.     If  the  Register,  or  Acting  Register,  cannot  iden- 
tify the  person  as  an  elector;  or,  if  the  person  shall  be  challenged  by  a 
known  elector,  the  Register,  or  Acting  Register,  may  require  the  person 
to  produce  his  certificate  of  registration,   or  two   reputable  electors  of 
the  district,  who  shall  testify,  under  oath,  as  to  his  identity.     The  officer 
ma}'  also  administer  to  the  person  the  following  oath,  or  affirmation  : 

"You  do  solemnly  swear  (or  affirm)  that  you  are  the  person  who  is 

registered  in  this  Registration  District,  in  the  name  of  (giving  the 

name),  and  that  this  is  your  name." 

If  then  the  Register,  or  Acting  Register,  shall  be  satisfied  as  to  the 
indentit}'  of  the  person,  he  shall  so  declare,  when  this  officer  and  the 
person  recognized  by  him  as  an  elector  shall  jiroceed  as  already  pre- 
scribed. Persons  who  claim  to  have  been  excluded  from  the  meetino- 
wrongfully,  by  the  Register,  or  Acting  Register,  may  appeal  to  the  meet- 
ing, after  its  organization,  from  his  decision;  and  if  the  majority  of  the 
electors  present  shall  then  decide  in  his  favor,  his  name  shall  be  checked 
by  the  Register,  or  Acting  Register,  and  he  shall  be  allowed  to  enter  and 
take  part  in  the  meeting. 

Sec  5.  As  the  electors  are  thus  identified  and  admitted,  the  Regis- 
ter, or  Acting  Register,  shall  make  for  each  a  tally  mark  on  a  suitable 
sheet  of  paper,  and,  when  the  time  at  which  the  meeting  was  called  ar- 
rives, he  shall  foot  these  tallies,  and  announce  to  the  electors  present 
whether  or  not  their  number  is  sufficient.  If  enough  electors  are  jn-es- 
ent,  the  Register,  or  Acting  Register,  shall  call  the  electors  to  order,  and 
state  to  them  that  the  number  is  sufficient.  If  there  are  net  enough 
electors  present,  tlic  meeting  may  be  postponed  for  an  hour,  and,  at  any 
time  within  the  hour,  when  the  requisite  number  have  been  tallied,  this 
officer  may  call  the  electors  to  order,  and  make  the  statement  above 
given  as  to  the  sufficiency  of  the  number  in  attendance.  The  electors 
l)resent  shall  then  nominate,  by  voice,  one  or  more  of  their  number,  as 
Chairman  of  the  meeting,  and  they  shall  then  elect  a  Chairman  in  the 
manner  hereinafter  stated.  The  Register,  or  Acting  Register,  shall  act 
as  Secretary  of  the  meeting,  with  such  assistants  as  the  meeting  may  ap- 
jDoint.     When  a  Chairman  has  been  elected,  and  has  taken  his  seat,  the 


80  MEETINGS   OF   THE    ELECTORS,    ETC. 

Register,  or  Acting  Register,  shall  read  the  call  or  notice  under  which 
the  meeting  was  convened,  when  the  Chairman  shall  note  snch  further 
explanations  of  its  objects  as  he  may  deem  proper.  The  business  of  tlie 
meeting  shall  then  be  proceeded  with,  in  conformity  Avith  the  rules 
stated  in  the  following  Section,  and  when  these  do  not  clearly  or  prop- 
erly apply,  with  established  parliamentary  rules. 

Seo.  G.  In  all  cases  voting  shall  be  by  actual  count,  except  when  a 
motion,  pi'oposition,  or  resolution  sliall  be  carried  with  unanimous  as- 
sent. Each  public  meeting  of  electors  may  adopt  such  means  as  the 
majority  of  the  electors  thereat  may  deem  most  convenient  and  secure 
for  counting  their  votes.  In  the  absence  of  such  provisions  the  follow- 
ing rules  shall  be  observed:  Before  a  vote  is  taken,  not  less  than  two 
nor  more  than  four  tellers  shall  be  appointed  by  the  Chairman,  or  by 
the  meeting.  On  qviestions  of  order,  and  important  secondary  ques- 
tions, the  electors  may  be  called  on  by  the  Chairman  to  rise  in  their 
places.  When  the  affirmative  shall  be  thus  called  those  in  its  favor  shall 
rise,  and  remain  standing  until  counted.  If  a  count  shall  show  that  a 
majority  have  voted  in  the  affirmative,  the  negative  need  not  be  called. 
If  objection  shall  be  made  to  the  count  there  shall  be  a  recount,  or  the 
negative  shall  be  called,  when  those  in  its  favor  shall  rise  and  remain 
standing  until  counted.  In  all  cases  where  it  does  not  appear  clearly 
that  a  majority  have  voted  in  the  affirmative,  the  negative  must  be 
called. 

On  all  decisive  and  important  questions  there  shall  be  a  division. 
Either  one  side  of  the  hall  shall  be  assigned  to  the  affirmative  columns, 
where  each  shall  be  ranged  in  and  counted  by  rank,  and  the  other,  or 
those  in  favor  of  either  side,  shall  be  required  to  pass  successively  over 
some  place,  or  through  some  opening,  to  which  is  attached  a  good  me- 
chanical register,  which  will  indicate  quickly  and  invariably  the  true 
count  of  those  who  thus  pass.  Where  there  are  two  separate  arrange- 
ments of  this  kind,  the  count  of  the  affirmative  and  negative  may  be 
taken  by  their  means  at  the  same  time. 

Sec.  7.  The  Register,  or  Acting  Register,  shall  enter  the  numbers 
voting  aye  and  no,  respectively,  on  each  cjuestion;  and  these  numbers 
shall  appear  together  in  his  official  record  of  the  proceedings.  In  spe- 
cial cases,  hereinafter  stated,  and  in  other  cases,  on  call  of  a  majorit}'^  of 
the  electors  present,  the  names  of  those  who  vote  aye  and  no,  respect- 
ively, shall  be  taken  and  recorded.  In  such  cases  the  Register,  or  Act- 
ing Register,  shall  read  the  name  of  the  electors  present  successively 
from  his  list,  and  each  elector,  as  his  name  is  called,  unless  he  shall  de- 
cline to  vote,  shall  respond  aye  or  no,  and,  according  to  his  vote,  his 
name  shall  be  entered  by  the  Register,  or  Acting  Register,  under  one  of 
these  heads.  Votes  upon  all  decisive  and  important  final  action,  espe- 
cially expressions  of  approval  or  disapproval  of  a  public  administration, 
or  of  the  conduct  of  a  public  officer,  and  instructions  as  to  legislation, 
shall  be  thus  taken.  Such  action  shall  not  bo  taken  as  to  the  fact  of  ap- 
proval or  disapproval  of  a  public  administration,  or  public  officer,  or  be 
legally  authoritative  as  to  instruction  of  a  "legislative  officer,  unless  a 
majority  of  all  the  electors  of  the  precinct,  or  Registration  District  izi  and 
for  which  the  meeting  is  held,  shall  concur  therein. 

Sec.  8.  No  legally  authoritative  action  shall  be  taken,  at  any  public 
meeting  of  the  electors,  at  which  less  than  a  majority  of  all  the  electors 
of  the  precinct,  or  Registration  District,  in  and  for  which  the  meeting  is 
held,  are  present.  In  the  official  proceedings  of  all  i:)ublic  meetings  of 
the  electors,  the  whole  number  of  the  electors  of  such  precinct  or  Reg- 


MEETINGS   OP   THE   ELECTORS,    ETC.  81 

istration  District,  the  number  of  such  electors  present  and  acting,  and 
the  number  voting  aye  or  no,  respectively;  on  each  motion,  expression, 
proposition  and  resolution,  shall  be  distinctly  stated.  The  Register,  or 
Acting  Register,  immediately  after  each  public  meeting  of  the  electors 
of  the  Registration  District  or  precinct,  in  and  for  which  he  acts,  shall 
prepare  and  send  to  the  County  Clerk,  by  mail,  express,  or  other  safe 
conveyance,  a  certified  abstract  of  its  proceedings,  with  reference  to  all 
the  objects  stated  under  the  second  and  third  heads,  in  Section  2,  this 
Chapter,  affecting  the  whole  county,  or  district  of  which  such  county  is 
part,  the  State  or  the  United  States.  "When  such  proceedings  affect 
only  a  precinct.  Registration  District  or  township,  the  Register  shall  cer- 
tify to  and  publish  them  oiiicially,  for  ten  days  in  the  newspaper  of  the 
county  having  the  largest  circulation  therein;  or,  if  no  newspajDcr  is 
published  in  the  county,  in  the  newspaper  published  nearest  the  county. 
The  Register,  or  Acting  Register,  shall  furnish  to  each  newspaper  of 
the  count}"  having  a  general  cirulation  in  the  district  or  precinct  for 
which  he  acts,  immediately  after  each  public  meeting  of  electors  in  the 
vsame,  a  copy  of  all  its  imjjortant  public  proceedings,  and  he  shall  file 
the  original  and  complete  copy  of  such  proceedings  in  the  Registry  Office 
of  the  Registration  District  as  a  part  of  its  permanent  records. 

Sec.  9.  The  County  Clerk  shall  carefully  file  together  the  j)roceed- 
ings  of  each  meeting  held  in  the  county,  on  the  same  day,  for  the  same 
object  or  objects,  and  within  eight  days  thereafter,  and  sooner  if  practi- 
cable, he  shall  complete  the  several  abstracts,  showing  the  numbers  who 
supported  and  opposed  the  public  action  taken.  When  he  finds  that 
proj)er  public  action  has  been  taken  by  the  electors  of  one-third,  or 
more  in  number,  of  the  Registration  Districts  of  the  county,  on  a  public 
matter  or  public  matters  affecting  only  the  county ,  he  shall  immediately  pub- 
lish and  continue  to  publish,  for  ten  days,  in  the  county,  abstracts  of  such 
action  of  the  electors.  He  shall  send,  within  ten  days,  to  the  Clerk  of 
the  proper  county,  if  this  is  not  his  own,  abstracts  of  such  publication, 
affecting  especially  any  district  of  which  the  county  forms  part.  The 
County  Clerk  whose  duty  it  is  to  make  up  abstracts  of  elections,  etc., 
for  the  district,  shall  complete  and  publish  in  the  district  abstracts  of 
vsuch  action  of  the  electors  of  the  district,  at  such  meetings,  within 
twelve  days  after  the  time  at  which  such  meetings  were  held,  and  con- 
tinue the  publication  ten  days.  The  Clerk  of  each  county  shall  send  to 
the  Secretary  of  State,  within  ten  days,  abstracts  of  such  action  as  to 
State  and  national  offices,  officers  and  aftairs,  within  twenty  days  after 
such  meetings,  and  as  much  sooner  as  jiracticable.  The  Secretary  of 
State  shall  make  and  publish,  throughout  the  State,  abstracts  of  such 
action  l)y  the  electors  of  the  State,  continuing  such  publication  ten  days. 
In  cases  of  urgency,  with  res]>ect  to  pending  or  necessary  legislation,  or 
other  important  pending  pubhc  action,  the  several  officers  herein  named 
may  use  the  telegraph  for  sending  such  abstracts,  in  the  manner  pro- 
vided in  Section  12,  this  Chapter.  The  abstracts,  or  results,  in  such 
cases  shall  be  pul^lished  immediately  upon  their  receipt  by  the  proper  of- 
ficer, in  the  usual  manner.  AVhen  it  shall  appear  from  the  abstracts 
that  instructions  have  been  voted  legally  to  a  State  Senator,  or  a  member 
of  the  Assem1)ly,  the  proper  County  Clerk  shall  make  out  and  send  certifi- 
cate of  the  fact,  as  provided  in  Section  7,  Chapter  XXI,  of  this  Act; 
and  when  it  lias  been  legally  ascertained  that  instructions  have  been 
voted  to  a  Senator,  or  Representative  in  Congress,  the  Secretary  of 
State  shall  send  to  the  Senator,  or  Rejiresentative  instructed  a  certifi- 
11 


82  MEETINGS   OF   THE   ELECTORS,    ETC. 

cate  reciting  the  instruction,  and  stating  the  facts  as  to  the  time  and 
manner  in  which  it  was  triven. 

Sec.  10.  Public  meetings  of  the  electors,  called  to  nominate  candidates 
for  an  office,  or  offices,  to  be  filled  at  a  special  final  election,  shall  be  or- 
ganized as  provided  in  Sections  3,  4  and  (5,  of  this  Chapter.  The  Kegis- 
ter,  or  Acting  Deputy  Kegister,  shall  have  with  him  a  receiving  box, 
which,  after  having  been  examined  by  the  Chairman,  and  as  many  of  the 
electors  as  may  wish  to  do  so,  to  see  that  nothing  is  contained  therein, 
shall  be  taken  and  one  of  the  keys  thereof  handed  to  the  Chairman,  and 
one  to  an  elector  to  be  appointed  by  the  meeting.  The  voting  for  candi- 
dates shall  be  by  ballot,  the  ballots  to  consist  of  suitable  slips  of  white 
paper,  and  to  contain  the  written  or  jDrinted  title,  or  titles,  of  the  office, 
or  offices,  for  which  nominations  are  to  be  made.  The  meeting  shall 
elect,  from  their  number,  two  Inspectors  and  a  Clerk,  to  act  with  the 
Register,  or  Acting  Register,  as  an  Election  Board,  the  duties  of  which 
shall  correspond,  as  nearly  as  may  be,  with  those  of  such  boards  in  pri- 
mary and  final  elections.  The  electors  shall  prepare  their  ballots,  in  the 
body  of  the  hall;  each  approach  singly  the  place  occupied  by  the  Elec- 
tion Board,  announce  his  name  and  present  his  ballot,  folded.  If  no  ob- 
jection shall  be  made,  the  ballot  shall  be  taken  by  the  Inspector  and  put  by 
him  into  the  receiving  box.  No  challenges  shall  be  allowed  during  the 
time  of  the  nominations,  and  no  objection  to  the  right  to  vote  of  any 
person,  admitted  in  the  usual  manner  to  the  meeting,  shall  be  enter- 
tained. When  all  the  electors  present,  who  wish  to  do  so,  have  voted, 
the  Chairman  and  the  elector  having  one  of  the  keys  of  the  receiving 
box,  shall  publicly  open  the  receiving  box,  when  the  Election  Board 
shall  2)roceed,  as  nearly  as  practicable,  in  the  manner  j^rovided  in  Sec- 
tions 1,  6  and  7,  inclusive.  Chapter  XII,  of  this  Act,  to  count  and  tally 
the  votes,  the  ballots,  as  counted,  being  filed,  and  the  checking  being 
done  on  the  Register's  alphabetical  list.  AVhen  all  the  votes  are  counted 
and  tallied,  the  tallies  of  the  Register,  or  Acting  Register,  and  Clerk, 
shall  be  compared  and  corrected  by  the  Board,  in  the  usual  way,  and  the 
results  shall  be  officially  certified  and  announced  by  the  Election  Board. 
An  abstract  of  the  results  shall  be  made  out  immediately  by  the  Elec- 
tion Board,  and  sent  by  mail,  express,  or  other  safe  conveyance,  to  the 
Count}''  Clerk,  at  his  office. 

Sec.  11.  The  County  Clerk,  within  eight  days  thereafter,  shall  make 
and  publish,  for  ten  days,  an  abstract  of  the  returns  so  sent  and  re- 
ceived, or  send  the  same  to  the  Clerk  of  the  proper  county,  in  case  of 
nominations  for  district  offices;  or,  in  case  of  nominations  for  State  of- 
fices, to  the  Secretary  of  State  within  eight  days. 

Sec.  12.  "When  returns  of  information,  primaiy  elections,  or  public 
meetings  of  electors,  have  been  so  delayed  that  the  results  shown  by 
such  returns  cannot  be  made  known  otherwise  in  time,  the  several  Coun- 
ty Clerks,  and  the  Secretary  of  State  are  hereby  authorized  to  make  use 
of  the  telegraph  for  this  purpose,  and  to  send,  or  have  sent,  by  telegraph 
brief  but  sufficient  abstracts  of  such  returns,  the  costs  of  the  same  to  be 
paid  by  the  county  in  which  the  delay  occuri-ed. 

Sec.  13.  When  there  is  to  be  held  more  than  one  public  meeting  of 
electors  at  the  same  time  in  any  Registration  District,  or  when  the  Reg- 
ister of  the  district  cannot  himself  attend  such  a  meeting,  he  shall  ap- 
point for  each  meeting  for  which  he  is  not  present  a  deputy  to  act  as 
Register  therein.  The  Register  of  each  Registration  District  shall 
have  authority  to  provide  for  all  jDublic  meetings  of  electors,  in  the 
same  herein  authorized  to  be  called  by  public  officers,   and    to  pub- 


CERTIFICATES   OF    ELECTION.  83 

lish  notices  of  the  same,  at  the  expense  of  the  county,  keeping  a  careful 
and  true  account  of  the  cost  of  the  same,  and  certifying  truly  as  to  all 
bills  brought  in  against  the  county  as  to  such  expenses.  In  all  other 
cases  the  expense  of  public  meetings  of  the  electors  shall  be  paid  by  the 
electors,  by  whom  they  are  called,  or  who  participate  in  such  meetings. 
The  members  of  the  Election  Board,  other  than  the  Register,  or  Acting 
Deputy  Register,  at  such  meetings,  held  for  the  nomination  of  persons 
to  offices  to  be  tilled  at  a  special  election,  shall  each  be  entitled  to  three 
dollars,  to  be  paid  by  the  county.  The  Register,  or  Acting  Deputy  Reg- 
ister, may  arrange  for  the  accommodation  of  visitors  and  spectators  at 
public  meetings  of  the  electors,  assigning  them  a  separate  place  apart 
from  the  electors. 

Sec.  14.  Joint  public  meetings  of  the  electors  of  adjoining  Registra- 
tion Districts  may  be  held,  on  call  of  one-fifth  in  number  of  the  electors 
of  each  district,  published  and  posted  in  each  district  not  less  than  three 
days,  for  any  public  pur])ose;  but  all  authoritative  action  by  public 
meetings  of  the  electors  legally  binding  on  public  ofiicials,  shall  be 
taken  by  the  electors  in  their  own  proper  precincts  or  Registration  Dis- 
tricts. Each  elector  attending  joint  piiblic  meetings  of  the  electors,  in 
a  district  adjoining  his  own,  shall  take  with  him,  and  present  to  the  Reg- 
ister of  the  district  in  which  such  joint  meeting  is  held,  his  certificate 
of  Registration.  This  shall  be  sufficient  evidence  of  his  right  to  par- 
ticipate, vanless  the  identity  of  the  person,  or  the  genuineness  of  the  cer- 
tificate, shall  be  denied,  when  it  shall  be  left  to  the  Register  of  the  dis- 
trict in  which  the  meeting  is  held  to  decide  as  to  to  his  right  to  admis- 
sion; but  a  person  rejected  by  the  Register  may  appeal  to  the  meeting 
from  his  decision,  after  its  organization,  and  the  meeting  may  then  de- 
cide the  question. 

Sec.  15.  There  shall  not  be  introduced,  or  established,  in  any  public 
meeting  of  the  electors  any  exclusive,  special  society,  or  party  test;  nor 
shall  subjects  of  an  exclusively  special  society,  or  jjartisan  character,  be 
therein  entertained  or  discussed. 


CHAPTER    XXV. 

Peescribes  all  State  officers  to  be  elected  by  electors;  fixes  their  terms 
of  office;  arranges  the  years  of  election  so  that  the  electors  shall  have  a 
healthful  and  regular  demand  upon  their  attention  to  i:)ublic  afiairs; 
specifies  the  oaths  and  official  bonds  required  of  each,  by  the  statutes  of 
this  State. 


CHAPTER    XXVI. 

COMMISSIONS   AND   CERTIFICATES   OF   ELECTION. 

Sections  1  and  2,  inclusive,  same  as  Sections  —  to  — ,  inclusive,  "  Act 
Helating  to  Officers,"  etc.     Codified  and  completed  from  State  statutes. 


84  REGULATIONS — PUNISHMENTS,    ETC. 


CHAPTER    XXVII. 

REGULATIONS,    VACANCIES. 

Sections  1  and  2.  Codified  and  completed  from  statutes  existing,  or 
herein  enacted. 

Sec.  3.  Every  office  shall  become  vacant  upon  the  occurring  of  either 
of  the  following  events,  before  the  expiration  of  the  terra  of  said  office: 

1.  The  death  or  resignation  of  the  incumbent; 

2.  The  removal  of  the  incumbent  from  office; 

3.  The  confirmed  insanity  of  the  incumbent,  found  ui)on  a  commission 
of  lunacy,  issued  to  determine  the  fact; 

4.  A  conviction  of  the  incumbent  of  any  felony  or  offence  involving  a 
violation  of  his  official  oath  or  bond; 

5.  A  refusal,  or  neglect,  of  the  person  elected,  or  appointed,  to  take 
the  oath  of  office,  as  prescribed  in  Sections  1  to  7,  Chapter  XXV,  of  this 
Act;  or  Avhen  a  bond  is  required  by  law,  his  refusal  or  neglect  to  give 
such  bond  within  the  time  required  by  law; 

6.  The  ceasing  of  incumbent  to  be  a  resident  of  the  State,  district, 
county  or  precinct,  in  Avhich  the  duties  of  his  office  are  to  be  exercised, 
or  for  wdiich  he  shall  have  been  elected  or  appointed; 

7.  The  ceasing  of  the  incumbent  to  discharge  the  duties  of  his  office 
for  the  period  of  three  months,  except  when  prevented  by  sickness  or  by 
absence  from  the  State,  upon  leave,  as  provided  by  law: 

8.  The  displacement  of  elective  officers,  as  provided  for  in  this  Act; 

9.  The  refusal,  failure,  or  neglect,  of  a  legislative  officer  to  comply 
with  the  instructions  of  his  constituents,  as  provided  in  this  Act; 

10.  The  decision  of  a  competent  tribunal  declaring  the  election  or 
appointment  void,  or  the  office  vacant. 

[For  State  of  Nevada — Sections  4  to  7,  inclusive,  Chapter  XXVII,  same  as 
30  to  39,  ''Act  relating  to  officers,"  etc.,  refer  to  vacancies;  Sec- 
tions 8  to  17,  inclusive,  Chapter  XXVII,  same  as  40  to  49,  old 
Act,  which  may  be  copied  literally,  using  the  word  "final"  before 
the  word  "  election."] 


CHAPTER    XXVIII. 

cpj:\ies  and  misdemeanoks  connected  with  eegistkation — initial  and  inter- 
mediary public  action elections  and  ELECTLV'E  offices — PUNISHMENTS. 

Section  1.  Every  officer  of  election  who  is  guilty  of  unwarrantable 
rudeness  to  an  elector,  or  to  another  officer  of  election,  or  who  willfully 
so  acts  as  to  subject  an  elector  to  unnecessary  trouble,  or  expense  in 
registering,  or  in  the  exercise  of  his  right  of  franchise,  or  to  unnecessary 
loss  of  time,  by  comj^elling  him  unwarrantably  to  go  to  the  office  of  the 
Register;  or  to  the  polls  for  the  exercise  of  his  rights;  or  in  his  official 
conduct,  is  wantonly  discourteous  to  an  elector,  on  conviction  thereof 
before  a  Justice  of  the  Peace  of  the  county,  shall  be  fined  not  less  than 
twenty  and  not  more  than  one  hundred  dollars  for  each  offence. 

Sec.  2.  Every  person  who  applies  to  a  joroper  Registry  officer  for 
registration  as  an  elector,  and  every  person  who  applies  to   a  proper 


PUNISHMENTS,    ETC.  85 

officer  of  election,  to  receive  his  vote,  who  refuses  to  be  sworn  by  such 
officer,  as  provided  in  this  Act,  or  who,  after  being  sworn,  refuses  to 
answer  any  pertinent  question  propounded  by  such  officer,  or  by  any 
member  of  an  Election  Board  to  which  he  aiDj)lies  for  the  purpose, 
touching-  his  right,  or  the  right  of  any  other  person,  to  register,  or  to 
vote,  is  guilty  of  a  misdemeanor,  punishable  by  fine  not  exceeding  five 
hundred  dollars,  or  imprisonment  in  the  county  jail  not  exceeding  three 
months;   or  by  both  such  fine  and  imprisonment. 

Sec.  3.  Every  person  Avho  makes,  offers,  or  accepts,  a  wager,  bet,  or 
chance,  involving  the  losing  or  winning,  of  any  valuable  thing,  upon  the 
result  of  any  election,  or  ujion  the  success  or  failure  of  any  person  as 
a  candidate,  or  uj^on  the  vote  to  be  cast  by  or  for  any  person,  is  guilty  of 
a  misdemeanor,  punishable  by  a  fine  not  less  than  twice  the  amount,  in 
legal  money  of  the  United  States,  of  the  wager  or  bet,  or  twice  the  value 
of  the  thing  wagered  or  bet,  or  twice  the  amount,  in  such  legal  money, 
or  twice  the  value  w^hich  may  be  won  by  the  chance  offered  or  taken,  and 
not  more  than  three  times  such  amount  or  value. 

Sec.  4.  If  the  Secretary  of  State,  or  any  Register,  or  Deputy  Regis- 
ter, or  any  Inspector  or  Clerk  of  Election,  or  any  other  officer,  on  whom 
any  dut}'  is  enjoined  by  this  Act,  shall  be  guilty  of  any  wilful  neglect  of 
such  duty,  or  of  any  fraudulent  or  corrupt  conduct,  not  specially  men- 
tioned in  other  penal  sections  of  this  Act,  in  the  execution  of  any  such 
duty,  he,  or  they,  so  offending,  on  conviction  thereof,  shall  be  fined  in  a 
sum  not  exceeding  two  thousand  dollars,  and  imprisonment  in  the  State 
jjrison  not  exceeding  two  years. 

Sec.  5.  Every  person  charged  with  the  performance  of  any  duty, 
under  this  Act,  who  wilfully  neglects  or  refuses  to  perform  it,  or  who, 
knowingly  and  fraudulently  acts  in  violation  of  any  of  its  provisions,  in  a 
manner  not  specially  mentioned  in  other  penal  sections  of  this  Act, 
shall  be  deemed  guilty  of  felony,  i:)unishable  by  a  fine  not  exceeding 
fifteen  hundred  dollars,  or  by  imprisonment  in  the  State  prison  not 
exceeding  two  years,  or  by  both  said  fine  and  imprisonment. 

Sec.  G.  Every  person  v»"ho  by  force,  threats,  or  by  any  corrupt  means, 
seeks  to  control  or  impro2:)erly  influence,  an  elector,  in  i:)reparing  and 
returning  his  information,  or  to  deter  him  from  making  up  and  returning 
the  same,  or  who  attempts,  by  any  means,  to  awe,  restrain,  disturb,  or 
hinder,  any  elector,  in  the  free  expression  of  his  personal  knowledge,  jire- 
ferences,  wishes,  and  opinions,  upon  the  information  sheet,  which  has 
been  sent  or  given  to  him  by  the  proper  Register,  or  who,  being  employed 
or  permitted  by  an  elector  to  insert  iu  the  proper  places  in  such  sheet,  the 
names  of  persons  preferred  by  such  elector,  or  to  state  therein  the  meas- 
ures, policy,  or  action  which  such  elector  wishes  to  recommend,  inserts 
other  names,  or  writes  therein  false  statements  as  to  these  matters,  or  by 
falsehocxl,  misre])resentation  or  deceit,  causes  such  elector  to  make  out 
and  send,  or  hand  to  the  Register  a  different  return  as  to  those  matters, 
from  that  which  he  desired  and  intended  to  send;  and  every  j^erson  who 
forges  or  counterfeits  an  information,  or  knowingly  makes,  or  sends, 
or  hands,  to  the  Register,  a  false,  or  forged,  or  counterfeited  informa- 
tion, shall  be  guilty  of  felony;  and,  on  conviction  thex'eof,  shall  be  pun- 
ished by  a  fine  not  exceeding  three  thousand  dollars,  or  imprisonment  in 
the  State  prison  not  exceeding  five  years,  or  by  both  such  fine  and  im- 
prisonment. 

Sec.  7.  Every  person  who  gives,  or  offers,  a  bribe  to  any  officer,  or 
member,  of  any  caucus,  political  convention,  j^jublic  meeting  of  electors, 
meeting  of  the  people,  or  to  any  elector,  at  any  primary  election,  or  ])0- 


86  PUNISHMENTS,    ETC. 

litical  gatberinjQi'  of  nny  kind,  held  for  the  purpose  of  influencing  or  pro- 
curing nt)minations  of  candidates  for  offices  of  honor,  trust,  or  profit,  in 
this  State,  with  intent  to  induce  him  to  be  more  favorable  to  one  person 
as  a  nominee  or  candidate,  than  any  other,  shall  be  guilty  of  felony,  pun- 
ishable by  a  fine  not  exceeding  five  thousand  dollars,  or  imprisonment  in 
the  State  prison  not  exceeding  ten  years,  or  by  both  such  fine  and  im- 
prisonment. 

Sec.  8.  Every  person  who,  with  intent  to  promote  the  election  of 
himself,  or  any  other  person,  either: 

1.  Furnishes  entertainment,  at  his  expense,  to  an  elector,  or  to  any 
meeting  of  electors,  either  during,  the  initial  processes  of  public  action 
preceding  an  election,  or  during  an  election; 

2.  Pays  for,  procures,  or  engages  to  pay,  for  any  such  entertainment; 

3.  Furnishes,  or  engages  to  pay,  or  deliver  money,  for  any  purpose  in- 
tended to  promote  the  nomination  of  any  person,  or  the  election  of  any 
candidate,  or  to  promote  or  prevent  the  displacement  or  replacement 
of  any  elective  officer,  or  to  influence  electors  to  support  or  oi:)pose, 
at  primary  or  final  elections,  any  law,  proposition,  declaration,  instruc- 
tion, or  resolution,  except  for  the  necessary  expenses  of  public  meet- 
ings of  the  electors  or  meetings  of  the  people,  in  regard  to  the  right 
of  pai'ticipation  in  which  there  is  no  party  or  other  exclusive  test,  or 
the  necessary  expense  of  holding  and  conducting  party,  or  other  ex- 
clusive meetings,  when  the  true  character  of  such  meetings  is  publicly 
made  known,  and  the  necessary  expense  of  printing  and  distributing 
ballots,  handbills  and  other  papers,  during  such  initial  processes,  and 
previous  to  and  during  such  election;  and  any  person  who,  with  intent 
to  deceive,  represents  to  any  elector,  or  to  any  officer  or  official  body, 
that  any  meeting  from  which  any  elector  of  the  locality  is  excluded,  by 
reason  of  any  special  society,  party,  or  other  exclusive  test  is,  or  that  an}^ 
such  proposed  meeting  is  to  be,  a  public  meeting  of  the  electors,  or  a 
general  meeting  of  the  iDeoj^le,  shall  be  guilty  of  a  misdemeanor,  j^unish- 
able  by  a  fine  not  exceeding  one  thousand  dollars  and  imprisonment  not 
exceeding  six  months  in  the  county  jail,  or  by  both  such  fine  and  impris- 
onment. 

Sec.  9.  Every  person  who  seeks  to  be  nominated,  as  a  candidate,  at 
any  party  meeting,  or  primary  election,  or  public  meeting  of  the  electors, 
or  who,  being  a  candidate  at  any  final  election,  agrees  to  appoint  or  pro- 
cure the  appointment  of  any  particular  person  to  office,  position,  or 
employment,  as  an  inducement  or  consideration  for  any  person  to  vote 
for,  or  procure,  or  aid  in  procuring,  the  nomination,  or  election,  of  any 
such  person,  or  any  person  not  being  a  candidate,  who  makes,  or  commu- 
nicates any  offer,  in  violation  of  this  Section,  and  other  penal  Sections 
of  this  Act,  to  any  person  with  intent  to  induce  him  to  vote  for,  or  pro- 
cure, or  aid  in  jiracuring,  the  nomination  of  the  jDcrson,  or  the  election 
of  the  candidate,  shall  be  deemed  guilty  of  felony,  and  shall  be  punish- 
able by  a  fine  not  exceeding  five  thousand  dollars  or  by  imjjrisonment 
in  the  State  prison  not  exceeding  five  years,  or  by  both  such  fine  and 
impxisonment. 

Sec.  10.  Every'  person  not  entitled  to  be  registered  as  an  elector,  who 
fraudulently  procures  his  registration,  and  every  person  who,  being  once 
registered,  fraudulently  procures  for  himself  more  than  one  registration, 
in  one  or  more  registration  districts;  and  every  person  not  entitled  to 
vote  who  fraudulently  votes,  and  every  person  who  votes  more  than  once 
at  any  election,  who  makes  false  erasures  or  entries  in  the  Official  Regis- 


PUNISHMENTS,    ETC.  87 

ter,  or  upon  any  official  registry  lists,  or  upon  any  registry  book  or  paper, 
or  who  adds  ballots  in  any  envelops,  or  otherwise,  to  those  placed  in  any 
receiving  box  or  ballot  box,  or  who  in  any  way  changes  snch  ballots  or 
abstracts  any  ballots  lawfully  delivered  or  polled,  with  intent  to  change 
the  result  of  such  election,  or  carries  away,  or  destroys,  any  book  or 
record,  or  official  document,  belonging  to  the  office  of  the  Register,  or 
Acting  Register,  or  any  book,  ballot,  receiving  box,  ballot  box,  or  tally 
sheet,  or  other  paj^er,  for  the  purpose  of  interfering  with,  or  breaking  up, 
an  election,  or  fraudulently  changing  its  results,  or  in  any  manner  inter- 
feres with  the  officers  of  the  Registiy,  collectors,  or  other  legal  receivers 
of  votes,  or  any  officer  of  an  Election  Board,  or  with  electors  lawfully 
exercising  their  right  to  make  up  and  deliver  their  votes  to  any  legally 
appointed  receiving  officer,  at  the  time  or  place  legally  authorized,  or 
to  officers  of  an  Election  Board,  at  the  proper  election  jdoIIs,  so  as  to  pre- 
vent any  elector  from  voting,  or  election  canvass  from  being  properly 
held,  shall  be  guilty  of  felony,  jiunishable  by  a  fine  not  exceeding  five 
thousand  dollars,  or  by  imprisonment  in  the  State  prison  not  exceeding 
five  years,  or  hy  both  such  fine  and  imprisonment,  at  the  disci-etion  of 
the  Court. 

Sec.  11.  Every  person  not  entitled  to  be  registered  who  fraudulently 
attempts  to  be  registered,  and  every  person  not  entitled  to  vote  who 
fraudulently  attempts  to  vote,  or  who,  being  entitled  to  registration, 
attempts  to  have  himself  registered  more  than  once,  in  one  or  more  Regis- 
tration Districts,  who,  being  entitled  to  vote,  attempts  to  vote  more  than 
once  at  any  election,  or  who  procures,  counsels,  or  assists  the  fraudulent 
registration  of  another  person,  knowing  that  the  person  is  not  Cjualified 
to  register,  or  to  vote,  shall  be  guilty  of  felony,  punishable  by  a  fine 
not  exceeding  five  thousand  dollars,  and  by  imprisonment  in  the  State 
prison  not  exceeding  five  years,  or  by  both  such  fine  and  imprisonment. 

Sec.  12.  Eveiy  Receiver  of  Votes,  Register,  Acting  Register,  In- 
spector, Judge,  or  Clerk,  of  any  election,  who,  except  at  the  request  of 
the  elector  concerned,  and,  on  examination  of  original  and  duplicate 
ballots,  as  provided  in  this  Act,  previous  to  the  tine  fixed  ly  law  for 
opening  the  voting  envelopes,  and  in  any  other  manner  than  that  pre- 
scribed by  law,  attenijDts  to  open  any  such  envelope  containing  ballots  to 
find  out  any  name  upon  any  ballot,  or  any  proposition,  declaration,  in- 
struction, legislative  act,  or  other  thing,  voted  for  on  any  ballot,  or  who, 
except  as  a  witness  in  legal  proceedings,  or  in  the  discharge  of  his  legal 
duties,  at  such  election,  without  exj)ress  consent  of  the  elector,  declares 
the  name  of  any  person  or  any  thing  voted  for  by  an  elector,  with  which 
he  has  become  acquainted  in  the  performance  of  his  legal  duties,  con- 
nected with  such  election,  such  Receiver  of  Votes,  Register,  Acting  Reg- 
ister, Insjjcctor,  Judge,  or  Clerk  of  Elections,  shall  be  guilty  of  a  misde- 
meanor, and  shall  bo  punished  with  a  fine  of  not  less  than  fifty  and  not 
more  than  one  thousand  dollars,  or  imprisonment  in  the  county  jail  for 
not  exceeding  six  months. 

Sec  13.  Every  person  who,  by  force,  threats,  menaces,  bribery,  or 
any  con'upt  means,  attempts,  dii-ectly  or  indirectly,  to  control  or  influence 
an  elector  in  the  delivery  or  casting  of  his  vote,  or  to  deter  him  from  the 
same,  or  attempts  by  any  means  to  awe,  restrain,  or  hinder,  or  distiu'b, 
any  elector  in  the  free  exercise  of  the  rights  of  sufi'rago,  or  furnishes  an 
elector  wishing  to  vote,  who  cannot  read,  with  a  ballot,  or  ticket,  inform- 
ing such  elector,  or  giving  him  to  understand,  that  it  contains  a  name, 
or  names,  written  or  printed  thereon,  different  from  the  name  or  names 
BO  written  and  printed,  or  defrauds  any  elector  at  such  election,  by 


88  PUNISHMENTS,    ETC. 

deceit,  and  causes  such  elector  to  vote  for  a  diflferent  person  for  anr 
office,  or  for  a  different  piu-pose,  or  measure,  than  he  intended  or  desired 
to  vote  for,  or  who,  being  a  Receiver  of  Votes,  Register,  Acting  Register, 
Inspector,  or  Ck-rlc,  of  any  election,  while  acting  as  such,  induces,  or 
uttcnipts  to  induce  any  elector,  by  menace,  reward  or  promise,  to  vote 
differently  from  the  manner  in  which  such  elector  intended  or  desired 
to  vote,  or  any  person  who  attempts  to  control,  or  any  Collector,  or  Re- 
ceiver of  Votes,  in  this  State,  who  attempts  to  influence  to  vote  or  to 
abstain  from  voting,  for  or  against  any  person  or  thing,  or  improperly 
influence  an  elector,  or  public  officer,  in  the  exercise  of  his  political  and 
legal  rights  or  duties,  whether  in  the  initial  process  of  gaining  infor- 
mation as  to  the  state  of  public  opinion,  and  in  primary  elections,  or 
public  meetings  of  the  electoi's,  or  iu  final  elections,  by  promises  of  the 
favor  or  support,  or  by  threats  of  the  disfavor  or  opposition  of  any 
person,  coterie,  special  society,  political  club,  or  political  party,  shall 
be  guilty  of  a  felony,  punishable  by  a  fine  not  exceeding  one  thousand 
dollars,  or  by  imprisonment  in  the  State  prison  for  a  term  not  exceeding 
five  years,  or  by  both  such  fine  and  imprisonment,  at  the  discretion  of 
the  Court. 

Sec.  14.  Every  person  who  forges  or  counterfeits  registration  lists, 
certificates  of  registration,  or  any  registry  jiaper,  or  substitutes  them  for 
the  true,  or  who  forges  or  counterfeits  returns  of  elections,  purj)orting  to 
have  been  held  at  a  precinct,  town  or  ward,  where  no  election  was  held, 
or  wilfully  substitutes  forged  or  counterfeit  returns  in  place  of  the  true 
returns  oi"  a  precinct,  town  or  ward,  where  an  election  was  held,  is  guilty 
of  felony,  punishable  by  imprisonment  in  the  State  prison  for  a  term  of 
not  less  than  two  and  not  more  than  five  years. 

Sec.  15.  Every  Collector  and  other  receiver  of  votes,  and  every  Regis- 
ter and  Deputy  Register,  Inspector,  or  Clerk  of  Election,  who  wilfully 
commits  any  breach  of  trust  in  the  reception,  care  and  delivery  of  the 
votes  of  the  electors,  or  in  the  keeping  and  use  of  any  book,  paper,  or 
record,  relating  to  registration,  information  or  election,  receiving  box,  or 
ballot  box,  or  who  wdlfully  permits  the  tampering  with,  forging,  abstrac- 
tion, or  destruction,  of  any  of  these  things  herein  enumerated,  is  guilty 
of  felony,  and  shall  be  punished  by  a  fine  not  exceeding  five  thousand 
dollars,  or  by  imprisonment  in  the  State  prison  not  exceeding  five  years, 
or  by  both  such  fine  and  imprisonment. 

Sec.  16.  Any  member  of  the  Senate  or  of  the  Assembly  of  this  State, 
or  other  officer  of  the  State,  who  knowingly  continues  in  the  exercise  of 
his  office  after  the  same  shall  have  become  vacant  under  the  provisions  of 
law,  contrary  to  such  provisions,  is  guilty  of  felony,  punishable  by  a  fine 
not  exceeding-  five  thousand  dollars,  or  imprisonment  in  the  State  prison 
not  exceeding  five  years,  or  by  both  siich  fine  and  imprisonment. 

Sec.  17.  No  person  shall  sell,  give  away,  or  fvu-nish,  or  cause  to  be 
sold,  given  away,  or  furnished,  either  for  or  without  pay,  within  this 
State,  during  election  hours,  on  any  day  in  which  a  general  election  is 
held,  nor  within  the  limits  of  any  county  or -city,  on  any  day  in  which 
any  special  or  municipal  election  is  held,  any  spirituous,  malt  or  fer- 
mented liquors  or  wines;  and  any  one  so  doing  shall  be  deemed  guilty  of 
a  misdemeanor,  and,  uj)on  conviction  thereof,  shall  be  fined  in  any  sum 
not  less  than  one  hundred  dollars  nor  more  than  one  thousand  dollars,  or 
imprisonment  in  the  county  jail  not  less  than  one  and  not  more  than  six 
months.  The  Judges  of  the  District  Court  of  the  several  districts  of  this 
State,  shall  specially  give  this  Act  in  charge  to  every  Grand  Jury  em- 
panelled in  their  respective  districts;  provided,  that  this  prohibition  shall 


CRIMINAL    ACTION ORDER   AT    ELECTIONS.  89 

not  be  construed  to  restrain  the  liberty  of  persons  to  use  those  beverages 
in  their  usual  and  customary  manner  in  their  own  families. 

Sec.  18.  The  Governor  is  hereby  authorized  and  directed,  at  least 
thirty  days  previous  to  any  general  election,  and  fifteen  days  previous  to 
any  special  election,  to  issue  a  proclamation  offering  a  reward  of  one 
hundred  dollars  for  the  arrest  and  conviction  of  any  person  violating  any 
of  the  provisions  of  this  Act,  as  to  initial  public  action  or  elections, 
when  the  crime  is  a  misdemeanor,  and  a  leward  of  two  hundred  dollars 
for  the  arrest  and  conviction  of  any  person  guilty  of  felony,  as  herein 
provided.  All  moneys  collected  under  the  provisions  of  this  Section 
shall  revert  to  the  General  School  Fund  of  the  several  counties  where 
such  actions  were  brought. 

Sec  19.  Every  person  convicted  of  felony  under  the  j^rovisians  of 
this  Act,  or  of  any  law  of  this  State,  thereby  forfeits  the  right  to  vote, 
and  can  only  be  restored  thereto  by  an  act  of  the  Legislature,  or  an  ex- 
ecutive pardon,  granted  on  recommendation  of  a  Board  of  Pardons,  to 
consist  of  three  or  more  commissioners,  appointed  for  that  purpose,  and 
qualified  according  to  law. 


CHAPTER    XXIX. 

CEIMINAL  ACTION  FOR  OFFICIAL  MISCONDUCT. 

Sections  1  to  10,  inclusive,  same  as  Sections  63  to  72,  inelnsive,  "Act 
relating  to  Elections,"  etc.,  approved  March  12th,  1873.  Statutes  of 
Nevada. 


CHAPTER    XXX. 

IMPEACHMENT. 


Sections  1  to  10,  inclusive^  same  as  Sections  73  to  82,  inclusive,  "  Act 
relating  to  Elections,"  etc.     Statutes  of  Nevada. 


CHAPTER    XXXI. 

DISTRIBUTION  OF  PAMPHLETS  CONTAINING  THIS  ACT — EXHIBITION  OF  BALLOTS  WITHIN 

ONE    HUNDRED    FEET    OF    POLLING    PLACE    FORBIDDEN PRESERVATION    OF 

ORDER   AT    ELECTIONS. 

Section  1.  The  Secretary  of  State  shall  cause  to  be  printed,  in  pam- 
phlet form,  a  requisite  inimber  of  copies  of  this  Act,  with  marginal  notes, 
and  properly  indexed,  which  shall  be  forwarded  to  him  by  the  County 
Clerks  of  the  several  counties  of  the  State,  at  least  sixty  days  before  the 
time  of  holding  any  general  primary  election,  andt  lie  said  County  Clerk 
to  the  Register  of  each  Registration  District  five  copies  of  said  pamphlet 
for  each  precinct  of  the  district,  and  ten  additional  copies  for  the  Regis- 
try office.  Five  of  these  pamphlets  shall  l)o  lianded  by  the  Register  to 
each  deputy  appointed  by  him  to  act  as  Register  for  an  election  in  each 
jn-ecinct,  except  that  in  which  the  Registry  olfice  is  situated,  at  least  four 
days  preceding  snch  election,  for  the  use  of  the  electors.  Acting  Register 
and  Board  of  Election  of  the  precinct,  and  shall  be  returned  by  the 
12 


00  PRACTICAL   IMPROVEMENTS,    PRIZES,    ETC 

deputy  acting  as  Eegister  in  sxicli  precinct,  after  the  completion  of  tlie 
official  returns,  to  such  Registry  office  for  the  safe  keeping,  redistribution 
and  use  at  the  next  election.  The  copies  in  the  Registry  office  shall  be 
for  the  use  of  the  election  officers  and  electoi's  of  the  precinct  in  which 
said  office  is  located. 

Sec.  2.  No  ticket  or  ballot  shall  be  given  or  delivei-ed  to,  or  received 
by  any  person,  on  the  day  of  election,  excepting  an  Inspector,  or  a  Judge 
acting  as  Inspector,  within  one  hundred  feet  of  the  polling  place,  nor 
shall  any  ticket  or  ballot  which  he  intends  to  use  in  voting,  be  exhibited 
l)v  an  elector,  to  any  person  in  such  manner  that  its  contents  may  be 
known,  nor  shall  any  person  request  another  person  to  exhibit  or  disclose 
the  contents  of  any  ticket  or  ballot,  within  one  hundred  feet  of  the  poll- 
ing place,  nor  shall  any  ballot  be  taken  from  a  voting  envelope  within 
that  distance  from  the  polling  place,  except  by  an  Inspector,  or  Judge 
acting  as  Inspector.  Sheriffs  or  their  deputies,  and  in  their  default,  other 
jDcace  officers,  are  hereby  especially  enjoined  to  attend  to  the  enforcement 
of  this  provision. 

Sec.  3.  The  Sheriffs  of  the  several  counties  are  hereby  authorized  to 
appoint  one  or  more  deputies,  to  serve  at  each  election  precinct,  for  the 
purpose  of  preserving  order  and  making  arrests,  which  service  is  to  be 
paid  for  in  fees,  as  in  other  cases.  In  default  of  such  provision  by 
Sheriffs,  Constables  may  be  specially  appointed  for  and  assigned  to  this 
duty,  by  the  nearest  resident  Justice  of  the  Peace. 


CHAPTER    XXXII. 

EXCOTTRAGEMENT    OF    PRACTICAL   IMPROVEMENTS    IN    THE  WORKING  OF  POPULAR  GOV- 
ERNMENT  PRIZES  AND  MEDALS  TO  BE  AWARDED. 

Section  1.  To  encourage  and  promote  improvement  in  the  practical 
workiii"-  of  popular  government,  it  is  hereby  provided  that  a  silver  medal, 
with  an  appropriate  motto  and  device,  and  one  thousand  dollars  in  gold 
coin  as  a  hrst  prize;  and  a  silver  medal  with  like  motto  and  device,  and 
five  hundred  dollars  in  gold  coin  as  a  second  prize,  shall  be  publicly 
offered  annually  by  the  Governor,  and  may  be  awarded  for  plans  of  pub- 
lic action,  adjudged  to  contain  valuable  improvements  over  existing 
methods,  especially  Avifch  respect  to  facilities  for  initial,  intermediate  and 
final  public  exj)ression3  and  actioii,  and  to  the  convenience,  independence 
and  freedom  of  the  electors;  or  valuable  improvements  in  administrative 
practices  and  legislative  methods. 

Sec  2.  The  Governor,  Chief  Justice  and  Supreme  Judges,  or  a  ma- 
jority of  them,  shall  form  the  committee  of  examination  and  award.  On 
or  before  the  firijt  day  of  June  of  each  year,  the  Governor  shall  cause  to 
be  published,  in  a  daily  newsi)aiDer  of  general  circulation  in  this  State, 
for  sixty  days,  a  notice  that  these  prizes  are  open  for  competition,  and 
requesting  those  who  have  ideas  of  improvement  to  suggest,  to  send  their 
matured  and  carefully  stated  plans  to  the  office  of  the  Secretary  of  State, 
properly  enclosed,  and  endorsed  with  the  words  "Proposed  Plan  of 
Public  Action,"  on  or  before  the  first  day  of  November.  All  such  plans 
received  at  the  office  of  the  Secretary  of  State  shall  be  there  retained 
unopened  until  the  meeting  of  the  Committee  of  Examination  and  Award, 
which  shall  be  held  immediately  after  the  completion  of  the  official  re- 
turns of  the  last  general  final  election,  w^hen  all  enclosed  plans  shall  be 
placed,  by  the  Secretary  of  State,  in  the  hands  of  the  Committee,  by 


REPEALING    SECTIONS.  91 

whom  the  enclosures  shall  be  opened,  and  the  plans  carefully  examined 
and  considered.  If  it  shall  be  the  opinion  of  the  majority  of  the  Com- 
mittee that  one  or  more  of  these  i:>lans,  if  put  into  practice,  would  effect 
an  important  improvement  in  or  over  existing  methods  of  public  action, 
they  shall  award  the  first  prize  to  the  author  of  the  plan  which  they  shall 
consider  to  possess  the  highest  degree  of  excellence,  and  the  secoad  prize 
to  the  author  of  the  plan  Avhich,  in  their  estimation,  i.^  next  in  its  degree 
of  excellence.  If  it  shall  be  the  opinion  of  a  majority  of  the  Committee 
that  no  valuable  improvement  would  result  from  the  adojition  of  any  of 
the  plans  proposed,  no  prize  shall  be  awarded;  or  if,  in  tiieir  estimation, 
there  is  but  one  plan  of  sufficient  merit  to  bo  entitled  to  a  prize,  but  oner 
jDrize  shall  be  awarded,  and  this  may  be  the  first  or  the  second  prize,  ac- 
cording to  the  degi'ee  of  excellence  which  this  plan  shall  he  adjudged  by 
the  Committee  to  possess.  The  Committee  shall  give  to  the  author  of 
each  plan  for  which  a  prize  has  been  awarded,  with  the  medal  and  war- 
rant for  the  gold  coin,  a  written  testimonial  and  acknowledgment  of 
its  value,  and  of  the  fact  that  he  has  received  for  them  the  award. 

Sec.  3.  The  Secretary  of  State  is  hereby  authorized  to  procure  the 
two  medals  provided  for,  at  public  cost,  and  to  provide  the  motto  and 
device  for  each,  at  any  time  previous  to  that  of  making  the  award.  Im- 
mediately on  the  rendition  of  au  award,  the  Committee  shall  make  and 
hand  to  the  Secretary  of  State  a  certificate  as  to  the  nature  of  the  award, 
and  designating  the  person  to  whom  ifc  has  been  given.  This  certificate 
the  Secretary  of  State  vshall  present  to  the  State  Controller,  who  shall 
immediately  issue  hifj  warrant  ujoou  the  State  Treasurer  for  the  amount 
awarded,  in  gold  coin,  in  favor  of  the  person  to  whom  the  award  was 
given.  The  Secretary  of  State  shall  then  hand  the  warrant  to  the  Com- 
mittee, by  whom  it  shall  be  handed  or  sent  to  the  person  in  whose  favor 
it  is  drawn. 


CHAPTER    XXXIII. 


EEPEALING   SECTIONS. 


[This  Chapter  should  specify  and  rejoeal  all  acts  and  parts  of  acts  in 
conflict  with  any  provisions  of  this;  define  elections,  used  elsewhere  in 
the  statutes  to  mean  final  elections,  as  used  in  this  Act.  ] 


Your  Memorialists  further  pray  your  Honorable  Body  to  secure  from 
the  hazard  of  sudden  or  legislative  change,  the  reforms  and  improvementa 
provided  for  in  the  Act  hereinbefore  submitted,  for  obtaining  legalized  ex- 
pressions of  the  intelligence,  judgment  and  will  of  the  political  people 
in  whom,  under  our  form  of  government,  the  sovereignty  resides. 

This,  they  believe,  will  be  done  by  having  in  the  Constitution  of  the 
State  the  substance  of  the  jiro visions  Iiereinaftor  specified.  They  accord- 
ingly pray  you  to  examine  and  decide  what  amendments  to  our  State  Con- 
stitution may  be  needful  to  that  end,  and,  as  early  as  practicable,  in  con- 
formity with  our  organic  law,  to  cause  these  amendments  to  be  submitted 
to  a  vote  of  the  people. 

"We  preface  our  proposed  constitutional  "provisions  to  be  hereinafter 
specified,"  by  a  few  observation,  on  the 


92  CONSTITUTIONALITY   OF   THE  ACT. 


CONSTITUTIONALITY    OF   THE   PKOPOSED   ACT. 

[This  will  be  a  question  for  legal  examination  in  each  State.  The  sub- 
joined remarks  thereon  for  the  State  of  Nevada  are  suggestive  as  to  the 
l)oints  of  supi:)ort  or  defect  thereof  for  the  proposed  law  in  other  State 
Constitutions.] 

Assuming  the  constitutionality  of  the  existing  laws  of  this  State,  with 
respect  to  vacancies  in  office,  no  change  in  our  State  Constitution  will  be 
required  for  the  enactment  and  enforcement  of  the  law  herein  proposed. 

The  only  subjects  as  to  which  constitutional  doubts  may  arise,  are — 

1.  Submission  of  legislgtive  acts  to  the  votes  of  the  electors,  for  their 
sanction; 

2.  Instruction  of  legislative  bodies  and  Representatives; 

3.  Displacement  and  replacement  of  elective  officers. 

First — Under  the  Constitution  of  the  State  of  Nevada,  an  act  passed 
by  the  Senate  and  the  Assembly,  and  approved  by  the  Governor,  be- 
comes a  law;  but  conditions  may  be  prescribed  by  the  Legislature,  with- 
out Avhich  the  act  shall  not  take  effect.  One  of  these  conditions  may  be 
its  sanction  by  the  votes  of  the  electors.  Section  1,  Article  II,  Constitu- 
tion of  the  State  of  Nevada,  declares  that  persons  possessing  the  qualifi- 
cations of  electors  ' '  shall  be  entitled  to  vote  for  all  officers  that  are  *  ='■  * 
elected  b}'- the  people;  and  vjjon  all  qtiedions  submitted  to  the  electors  at 
such  elections."  This  clearly  and  positively  implies  that  public  questions 
may  be  so  submitted. 

Second — There  is  no  doubt  as  to  the  power  and  duty  of  the  Legislature 
to  provide  legally  for  the  enforcement  of  the  declaration  contained  in 
Section  10,  Article  I,  of  the  Constitution  of  this  State,  as  to  the  right  of 
the  people  to  instruct  their  representatives.  This  must  include  the 
power  to  declare  vacant  the  office  of  a  representative  who  violates  the 
instruction  of  his  constituents. 

The  Constitution  of  this  State  assumes  that  vacancies  will  occur  in  the 
offices  of  Senator  and  member  of  the  Assmbly,  and  it  provides  that  the 
Grovernor  shall  issue  writs  of  election  to  fill  such  vacancies.  It  does  jiot 
say  what  causes  or  events  shall  create  such  vacancies.  It  was  intended 
that  the  Legislature  should  declare  these  causes  and  events.  This  the 
Legislature  has  done,  and  its  authority  in  the  matter  has  been  questioned. 
The  Legislature  has  also  exercised  this  power  generally  as  to  District  and 
State  officers.  Section  35  of  "  an  act  relating  to  officers,  their  qualifica- 
tions," etc.,  says:  "  Every  office  shall  become  vacant  upon  the  happen- 
ing of  either  of  the  following  events."  Among  these  events,  are,  death; 
resignation;  legal  removal;  insanity;  felony;  ceasing  to  be  a  resident; 
ceasing  to  discharge  the  duties  of  an  office;  decisions  of  a  competent 
tribunal  that  an  election,  or  appointment,  is  void,  and  the  office  vacant. 

The  act  says,  in  the  next  section,  30,  "  But  when  a  vacancy  shall  occur 
in  the  office  of  a  member  of  the  Legislature,  during  the  session  thereof, 
such  vacancy  shall  be  notified  to  the  Governor  by  the  presiding  officer  of 
the  House  in  which  such  vacancy  occurred,"  showing  that  these  provisions 
apply  to  members  of  the  Legislature.  If  these  j)rovisions  are  within  the 
constitutional  power  of  the  Legislature,  it  has  like  power  to  declare 
vacant  the  office  of  a  Senator  or  a  member  of  the  Assembly,  who  violates 
the  instructions  of  his  constituents,  legally  given. 

The  authority  of  the  Legislature  given  by  the  Constitution,  to  establish 


CONSTITUTIONALITY   OF   THE   ACT.  93 

by  law.  county,  township  and  municipal  government,  confers  the  right  of 
making  the  tenure  of  the  legistative  offices  of  those  political  divisions, 
depend  on  compliance  with  such  instructions. 

Third — The  same  remark  applies  equally  to  the  power  of  the  Legisla- 
ture to  authorize  the  displacement  and  replacement  by  the  electors  of 
the  elective  officers  of  the  political  divisions  above  named;  such  power  is 
expressly  given  in  Section  4,  Article  VII,  which  is  as  follows:  "  Provi- 
sion shall  be  made  by  law  for  the  removal  from  office  of  any  civil  officer, 
other  than  those  in  this  article  previously  specified,  for  malfeasance  or 
misfeasance  in  the  performance  of  his  duties."  The  officers  previously 
specified  "were  the  Governor  and  other  State  and  Jvidicial  officers,  ex- 
cept Justices  of  the  Peace."  Members  of  the  Assembly  and  other  leg- 
islative officers,  are  not  included  in  these  exemptions.  The  formally 
expressed  wish  of  the  majority  of  electors  for  the  displacement  of  an 
officer  should  be  sufficient  evidence  of  his  non-performance,  or  im- 
proper performance  of  his  duties. 

The  Constitution  is  not  explicit  as  to  vacancies  in  Judicial  and  State 
officers.  There  are  provisions  which  imply  that  vacancies  therein  may 
occur,  from  incapacity,  resignation,  displacement,  and  other  causes;  but 
they  are  not  positive  or  specific.  The  only  provision  bearing  directly  upon 
the"^ subject  is  contaiued'in  Section  8,  Article  V,  which  says:  "  "When  an 
office, /ro?ji  any  cause,  shall  become  vacant,  and  no  mode  is  provided  by 
the  Constitution  and  laws  for  filling  such  vacancy,  the  Governor  shall 
have  power  to  fill  such  vacancy,"  etc. 

The  only  question  as  to  the  power  of  the  Governor,  in  such  cases,  is  as 
to  the  fact  of  vacancy;  and  the  clear  implication  from  this  provision  is, 
that  when  there  is  no  constitutional  provision  specially  applicable  to  the 
subject,  the  Legislature  may  enact  the  necessary  legislation.  This  view 
has  been  talron  and  acted  u;^on  by  our  legislators,  and  accepted  by  all 
our  f)ublio  officials,  except  in  a  single  instance. 

The  Supreme  Court  of  Nevada  has  decided  that  a  vacancy  in  the  office 
of  District  Judge  cannot  be  legally  declared  by  the  Legislature  as  legally 
filled  by  the  Governor,  in  case  of  the  insanity  of  the  incumbent,  estab- 
lished before  a  commission,  appointed  to  try  such  cases,  the  argument  of 
the  Court  being  that  when  the  Constitution  has  provided  specific  methods 
of  removal  for  specific  causes,  an  incumbent  cannot  be  removed  in  any 
other  way,  or  for  any  other  cause.  This  decision  might  leave  the  people 
without  a  judiciary  in  the  interim  between  the  regular  judicial  elections. 

'By  the  provision  last  quoted  the  framers  of  the  Constitution  intended 
to  provide  against  such  a  contingency.  If  the  decision  referred  to  was 
based, on  the  principle  of  strict  construction,  it  seems  that  the  Court  had 
,  a  narrow  and  imperfect  conception  of  the  ])rinciple.  It  is  conceived  that 
the  true  principle  of  legal  and  constitutional  construction  in  popular 
governments  is,  strict  construction  in  all  things  that  may  enable  public 
officers  and  agents  to  invade,  restrict  or  infringe  public  power  and  rights: 
liberal  construction  in  all  things  necessary  to  maintain,  protect  and  ren- 
der mo]-e  effective  such  power  and  rights.  Under  this  principle  the  peo- 
ple coukl  n(jt  bo  deprived  of  the  means  of  adjudication,  simply  because 
the  Constitution  failed  to  say,  in  so  many  words,  that,  when  the  incum- 
bent of  any  office  shall  become  entirely  incapable  of  performing  his 
duties,  the  office  will  he  vacant. 

In  any  case,  objections  to  the  constitutionality  of  the  proposed  Act 
can  only  affect  the  displacement  and  replacement  of  Judicial  and  State 
officers. 


94  PROPOSED    AMENDMENTS. 

The  question  of  tlie  constitutionality  of  confining  the  choice  of  electors 
for  Judicial  and  State  ofiicers,  at  final  elections,  to  any  number  of  persons 
noniinatod  at  primary  elections  depends  on  the  construction  ^iven  to  the 
phrase  "chosen  by  the  electors."  Practically  our  only  choice  now  is 
between  the  candidates  of  the  two  princdpal  parties.  While,  under  the 
new  system,  it  may  or  may  not  be  desirable  that  the  electors  shall  have 
power  to  establish  such  rules  as  they  may  deem  best  as  to  the  extent  or 
limitation  of  choice  at  final  elections.  I  believe  that,  from  necessity, 
without  any  law  requiring-  it,  such  choice  will  be  confined  ordinarily  to 
the  two  or  three  persons  for  each  office  who  received  the  largest  number 
of  votes  as  nominees  at  the  primary  election.  The  Legislature  has 
power  to  establish  or  authorize  the  electors  to  establish  such  rules,  as  to 
county  and  other  local  afiairs.  Provision  is  made,  in  the  jiroposed  Act, 
for  submitting"  the  question  as  to  the  limitation  of  choice  by  electors  of 
persons  for  Judicial  and  State  officers,  at  final  elections,  to  the  Chief 
Justice  for  his  decision. 

The  provision  as  to  the  instruction  of  Electors  for  President  and  Vice 
Pi-esident  accords,  in  its  chief  requirements,  with  what  is  noAV  the  gen- 
eral practice,  and  legalizes,  as  far  as  possible  by  State  law,  that  which 
is  binding  in  justice  and  honor  on  those  to  whom  it  ajiplies.  Electors 
of  President  and  Vice  President  are  State  officers,  elected  by  the  people, 
or  the  Legislature  of  the  State,  to  cast  the  vote  of  the  State.  They  thus 
represent  the  people  and  the  State.  The  Constitution  of  the  State  of 
Nevada,  like  the  Constitutions  of  all,  or  nearly  all,  of  the  other  States, 
declares  that  the  people  thereof  have  the  right  to  instruct  their  Repre- 
sentatives. If  they  have  this  right,  they  have  the  right  to  instruct  their 
Electors  of  President  and  Vice  President.  The  States  entered  the 
Union  with  this  declaration,  and  it  was  acquiesced  in,  if  not  distinctly 
recognized,  by  the  General  Government.  With  such  a  provision  as  to 
instruction.  Electors  of  President  and  Vice  President  could  be  held  to 
accountability  for  violating  or  neglecting  their  prescribed  duties. 

While  no  changes  of  the  Constitution  of  the  State  of  Nevada  are  ab- 
solutely necessary  to  authorize  the  enactment  and  enforcement  of  the 
proposed  law,  the  following  amendments  are  deemed  desirable : 


ARTICLE    XVIII. 

PROPOSED    CONSnTUTIOSTAL    AMENDMENTS     TO     THE     CON-STrrUTlON     OP    THE    STATE 

OF   NEVADA. 

Section  1,     When  the  word  "  election  "  occurs  in  any  provision  of  this  ■ 
Constitution,  heretofore  adopted,  it   shall  be  construed  to  mean  final 
election,  in  contradistinction  to  the  words  primary  election,  which  occur 
in  the  following  Sections  of  this  Article. 

GAINING   INFORMATION   FROM   ELECTORS. 

Sec  2.  Legal  means  shall  be  provided  for  gaining  information  from 
the  electors,  in  their  several  election  precincts  and  Registration  Districts, 
as  to  their  knowledge,  wishes  and  opinions  resiiecting  tlie  public  aff'airs 
of  their  respective  localities,  and  of  the  State  and  the  United  States,  on 
or  before  the  first  Monday  of  May  of  each  year;  and  particularly  "with 
respect  to  the  operation  of  existing  laws,  and  their  effects  uj^on  the  pub- 
lic welfare;  as  to  the  public  measures  which  should  be    adopted;    the 


PROPOSED    AMENDMENTS.  95 

preferences  of  the  electors  of  persons  for  public  offices;  as  to  elective  officers 
whom  the  electors  may  desire  to  displace,  and  the  persons  whom  they 
will  recommend  to  replace  such  officers;  and  as  to  the  a2Dproval  or  dis- 
approval of  local,  State  and  national  administrations,  and  the  official 
conduct  of  public  officers. 

PRIMAKY    ELECTIONS. 

Sec.  3.  On  the  first  Monday  of  Sej)tember  of  each  year  there  shall 
be  a  general  primary  election,  for  the  nomination  of  persons  legally 
qualified  for  elective  offices  of  the  several  pi'ecincts,  townships,  counties 
and  districts,  and  of  the  State;  and,  in  the  year  preceding  that  fixed  by 
law  for  the  election  of  a  United  States  Senator  by  the  Legislature,  the 
nomination  of  persons  for  the  office  of  United  States  Senator;  and,  in 
the  year  of  a  Presidential  election,  the  nomination  of  persons  for  the 
offices  of  President  and  Vice  President,  as  well  as  for  the  offices  of 
Electors  of  President  and  Vice  President;  for  the  recommendation  of 
joersons  for  Stale  and  national  offices,  which  ai-e  filled  by  appointment; 
for  voting  upon  propositions  for  the  displacement  of  elective  officers, 
and  for  persons  as  candidates  to  replace  such  officers;  and  for  expres- 
sions by  the  electors  of  their  desires  and  judgments  as  to  political  prin- 
ciples, legislative  action,  and  public  policy. 

EXTENT  OF  CHOICE  AT  ELECTIONS. 

Sec.  4.  The  expressions  by  electors  of  choice  of  persons  for  public 
offices,  at  primary  elections,  shall  extend  to  all  persons  legally  quali- 
fied for  such  offices.  Such  choice  by  electors,  at  final  elections,  may  ex- 
tend to  all  i)ersons  legally  qualified,  or  may  be  confined,  by  law,  to  any 
number,  not  less  than  two  of  the  persons  who,  at  the  last  general  pri- 
mary election,  or  public  meetings  of  the  electors,  received  the  highest 
number  of  votes  as  candidates  for  any  precinct,  township,  municipal, 
district,  or  State  elective  office. 

PERSONS     MAY     BE     CHOSEN     TO     OFFICE     BY    THREE-FOURTHS    OF   THE    ELECTORS   IN 
INITIAL    ACTION,    AND    BY   TWO-THIRDS    AT   PRIMARY    ELECTIONS. 

Sec  5.  It  may  be  provided,  by  law,  that  persons  who  have  been  rec- 
ommended in  the  returns  of  information  by  tlu'ee-fourths  of  the  electors 
of  the  proper  political  division,  for  the  elective  offices  of  the  same,  or  by 
three-fourths  of  the  electors  of  the  State  for  elective  State  offices,  which 
ordinarily  are  to  bo  filled  at  the  next  ensuing  final  election,  shall  thereby 
be  legally  chosen  for  these  offices;  or,  it  may  be  so  provided  that  persons 
who  have  been  nominated  for  such  offices,  at  a  primary  election,  by  two- 
thirds  of  the  electors  of  the  political  divisions  in  which  such  offices  are 
to  be  held  and  exercised,  or  of  the  State  as  to  State  offices,  shall  be  thus 
chosen  to  fill  such  offices;  and  that  no  further  election  as  to  such  officers 
shall  be  necessary. 

D1SPLA(;EMENT   and    replacement    of    ELECTIVE    OFFICERS. 

Sec  G.  "When  the  electors  of  the  proper  political  division,  or  of  the 
State,  in  the  case  of  State  offices,  have  voted,  at  a  general  i)rimary  elec- 
tion, in  favor  of  the  displacement  of  an  elective  officer,  and  persons 
have  been  nominated  at  snch  election  to  replace  such  officer,  that  one  of 
such  persons,  who,  at  the  next  general  final  election,  shall  receive  a  ma- 
jority of  all  the  votes  cast,  in  the  ])roiier  political  division,  or  in  the 
State  as  to 'State  offices,  shall  bo  elected  to  replace  the  incumbent  of 
such  office,  and  shall  enter  upon  the  duties  of  such  office  on  the  first 


06  PROPOSED   AMENDMENTS. 

Monday  of  the  next  January;  and,  in  case  no  sncli  person  receives  Bucli 
a  majority,  the  incumbent  of  such  office  shall  not  then  be  displaced. 

INSTRUCTION   TO    LEGISLATIVE   BODIES. 

Sec.  7.  Legal  provision  shall  he  made  whereby  the  majority  of  the 
electors  of  this  State,  or  the  majority  of  the  electors  of  this  State  voting-, 
at  any  general  final  election,  may  authoritatively  instruct  the  Senate,  and 
the  Assembly,  as  to  any  matter  of  legislation  within  their  constitutional 
powers.  The  jiroceedings  necessary  for  the  enactment  of  laws  carrying 
such  instruction  into  etlect,  shall  take  precedence  over  all  the  other  reg- 
ular business  of  each  House.  On  the  first  day  after  its  organization, 
each  House  shall  appoint  a  commission,  or  the  two  Houses  shall  apjooint 
a  joint  commission,  of  not  less  than  two  nor  more  than  five  persons,  who 
mav  or  may  not  be  members  of  the  same,  to  frame  the  forms  of  legisla- 
tive acts  required  by  such  instruction,  and  report  the  same  to  the  House, 
or  to  the  two  Houses,  on  or  before  the  tenth  day  of  the  session.  On  or 
before  the  twentieth  day  of  the  session  each  House  shall  pass  an  act,  or 
acts,  for  carrying  such  instruction  into  effect;  and  within  three  days 
thereafter,  the  two  Houses  shall  concur  in  such  act,  or  acts,  which  shall 
then  be  jn-esented  immediately,  in  the  usual  manner,  to  the  Governor. 
If  either  House  fails  to  enact  such  legislation,  or  the  two  Houses  fail  to 
concur  therein,  within  the  time  herein  stated,  the  legislative  session  shall 
be  dissolved  by  the  Governor;  and,  within  not  less  than  three  and  not 
more  than  ten  days  thereafter,  he  shall  order  a  new  election  for  all  the 
members  of  the  Senate,  and  of  the  Assembly,  or  to  fill  the  places  of 
only  those  members  who  oj^posed  or  obstructed  such  legislation,  or 
failed  to  act,  or  vote  in  favor  thereof,  as  may  be  provided  by  law.  Legal 
provision  shall  be  made  whereby  the  action  of  members,  or  their  failure 
to  act  in  this  respect,  may  be  ascertained  and  certified  to  the  presiding 
officer  of  the  House,  and  by  such  officer  to  the  Governor.  Within 
twenty  days  after  the  special  election,  thus  ordered  by  the  Governor, 
the  two  Houses  of  the  Legislature,  as  newly  constituted,  shall  reassemble 
and  complete  the  session,  making  the  whole  of  the  sitting,  before  and 
after  such  election,  sixty  days,  or  such  other  number  as  shall  have  been 
fixed  by  laAV.  Legal  jirovision  shall  be  made  whereby  the  legislative 
bodies  of  the  several  political  divisions,  and  the  several  members  thereof , 
shall  be  required  to  carry  into  effect  the  legal  instructions  of  a  majority 
of  the  electors  of  the  same;  for  declaring  vacancies  in  legislative  offices 
of  such  political  divisions;  for  failure  to  obey  such  instructions;  and  for 
ordering  new  elections  to  fill  such  offices. 

INSTKUCTIONS   TO    SENATORS   AND   MEMBERS    OF   THE    ASSEMBLY. 

Sec.  8.  Members  of  the  Senate,  and  of  the  Assembly,  are  hereby  re- 
quired to  observe  and  obey  the  instructions  of  a  majority  of  the  electors 
of  their  respective  districts,  legally  given  as  to  matters  of  legislation 
within  the  constitutional  powers  of  the  Legislatui^e,  when  such  instruc- 
tions shall  not  have  been  oveiTuled  by  an  adverse  instruction  of  a  ma- 
jority of  the  electors  of  the  State,  or  of  a  majority  of  such  electors  vot- 
ing at  a  subsequent  general  final  election.  When  any  member  of  the 
Senate,  or  the  Assembly,  fails  to  act  in  accordance  with  such  instruc- 
tions, not  thus  overruled,  his  office  shall  become  vacant,  and  the  Gover- 
nor shall  order  a  new  election,  in  the  usual  manner,  to  fill  s^ich  vacancy. 
Laws  shall  be  enacted,  prescribing  the  method  of  voting  instructions, 
by  the  electors  of  the  respective  districts,  to  the  Senators  and  members 


PROPOSED   AMENDMENTS.  97 

of  the  Assembly  of  tlie  same;  for  defining  the  conduct  which  shall  he 
deemed  a  failure  to  act  in  accordance  with  instructions,  and  for  proof 
and  certification  of  such  conduct  to  the  presiding  officer  of  the  proper 
House,  and  to  the  Governor. 

POPULAB   S.\NCTI0X    OF   LEGISLATTVE    ACTS. 

Sec.  9.     No  general  act  of  the  Legislature,  nor  any  act  of  the  Legis- 
lature involving  an  increased  public  expenditure  of  more  than 


dollars  annually,  except  to  provide  against  extraordinary  public  calam- 
ity, or  protect  imperiled  public  faith,  shall  take  effect,  or  become  a  law, 
until  it  shall  have  been  approved  by  the  votes  of  a  majority  of  the  electors 
of  this  State,  or  the  majority  of  such  electors  voting  thereon,  as  may  be 
prescribed  by  law;  and  no  general  act  of  legislation,  of  the  legislative  au- 
thority of  any  political  division  of  the  State,  shall  take  efiect  until  it  has 
been  approved  by  the  votes  of  a  majority  of  the  electors,  or  of  the 
electors  voting  thereon  of  such  political  division,  as  may  be  prescribed 
by  law.  The  State  Controller,  and  State  Treasurer,  shall  each  make  an 
estimate  of  the  anniial  increased  cost,  or  saving,  to  the  State  Treasury 
which  will  result  from  the  administration  of  each  act  of  the  jirerious 
session  of  the  Legislature,  within  thirty  days  after  the  close  of  each  ses- 
sion; and  the  proper  local  Auditors  and  Treasurers,  shall  make  esti- 
mates of  the  annual  increased  cost,  or  saving,  of  the  public  acts  of  the 
legislative  authority  of  any  political  division  of  the  State  to  the  people 
thereof,  within  twenty  days  after  their  enactment.  The  average  of  the 
estimates  for  each  act  of  the  Legislature  shall  be  made  up  by  the  Secre- 
tary of  State,  and  the  average  of  the  estimates  for  each  local  legislative 
act  of  any  political  division  of  the  State  by  the  Commisioners  of  the 
county,  and  published,  in  connection  with  the  act,  in  the  manner  and 
during  the  time  prescribed  by  law.  All  acts  submitted  to  the  votes  of 
the  electors,  shall  be  submitted  by  numbers  and  titles,  in  the  order  of 
their  numbers.  Acts  of  the  Legislature,  which  are  to  be  submitted  for 
approval  to  the  votes  of  the  electors  of  the  State,  shall  not  require  the 
approval  of  the  Governor. 

SPECIAL   LEGISILATION    PROHIBITED   IX   CERTAIN    CASES. 

Sec  10.  All  special  legislation,  within  the  scope  or  province  of  a 
general  law,  which  has  been  approved  by  a  majority  of  the  electors  of 
this  State,  or  of  the  majority  of  such  electors  voting  thereon,  as  may  be 
prescribed  by  law,  shall  be  nvdl  and  void. 

INSTRUCTIONS   TO   SENATORS   AND    REPRESENTATIVES    IN    CONGRESS. 

Sec  11.  Legal  provision  shall  be  made  whereby  the  electors  of  this 
State  may  vote  For  or  A'/ainst  instructions,  as  to  matters  of  legislation 
within  the  powers  of  Congress,  to  Representatives  and  Senators  in  Con- 
gress from  this  State,  either  at  the  will  of  the  electors,  or  at  the  request 
of  such  Kepresentative  or  Senator. 

NOMINATION    AND     VOTE    FOR    PRESIDENT     AND     ^^CE     PRESIDENT INSTRUCTION   OF 

PRE.SIDENTIAL    ELECTORS. 

Sec  12.  At  the  general  primary  election  of  the  year  of  a  Presiden- 
tial election,  the  electors  of  tliis  State  shall  nominate  persons  for  the 
offices  of  President  and  Tice  President,  as  well  as  for  the  offices  of  Elect- 
ors for  President  and  Vice  President,  for  the  State;  and,  at  the  Presi- 
dential election,  the  Electors  of  the  State  shall  vote  for  the  persons 
13 


98  PROPOSED   AMENDMENTS. 

whom  tliey  prefer  for  the  offices  of  President  and  Vice  President,  as  well 
as  for  such  Electors  of  President  and  Vice  President.  Suitahle  legal 
l^rovisions  shall  be  made  for  instructin.cf  the  Electors  of  President  and 
Vice  President  for  this  State,  to  cast  their  votes  for  President  for  the 
person  Avho  shall  have  received  the  highest  number  of  votes  in  this  State 
for  that  office  at  such  election;  and  for  Vice  President  for  the  person 
who  shall  have  received  the  highest  number  of  votes  in  this  State  for  the 
office  of  Vice  President  at  such  election;  provided,  that,  if  both  of  these 
persons  shall  be  inhabitants  of  this  State,  the  Electors  of  President  and 
Vice  President  shall  not  bo  required,  by  such  instritction,  to  vote  for 
more  than  one  of  such  persons.  Legal  provision  shall  be  made  for  the 
proper  punishment  of  Electors  of  JPresideut  and  Vice  President  who 
shall  violate  such  instructions. 


AJ^ALYTICAL    INDEX   TO    LAW. 


CHAPTEB    1, 


tAGE, 
21 


22 


24 


25 


2G 


27 
28 


EEGISTEATIOX    DISTRICTS — EEGISTEES EEGISTEATIOK. 

SECTIO^I. 

1.  Each  township  and  ward  a  Eegistration  District;  exceptions  provided  for 

in  Sections  2  and  3,  this  Chapter. 

2.  How  Eegistration  Districts  may  be  set  oflf;  how  numbered. 

3.  Pro\isions  for  uniting  two  wards  of  certain  numbers  of  electors  into  one 

district. 

4.  Registers  of  electors;  how   chosen;   Justices  of  the  Peace  maybe  also 

Registers. 
5»     Separation  of  these  offices;  how  effected. 

6.  Separation  of  these  offices;  how  effected. 

7.  When  two  wards  are  consolidated;  Register  of  ward  having  most  voters; 

Register  of  consohdated  district. 

8.  Cases  in  which  Registers  may  be  appointed. 

9.  Powers  of  Registers. 

10.  Meaning  of  certain  words  when  used  in  this  Act. 

11.  Blanks,  books,  and  materials  required. 

12.  How  and  by  whom  to  be  furnished. 

13.  Registry  office;  its  location. 

14.  Attendandace  thereat  of  the  Register. 

15.  Registers  may  appoint  deputies;    purposes  for  which  they  may  be  a^ 

pointed. 
IG.     A  census  of  the  electors  to  be  taken  each  January. 

17.  The  census  of    school  children  may  be  taken  at  the  same  time,  by  the 

same  officers. 

18.  Notice  to  be  given  of  visits  of  census  officer  of  registry. 

19.  Manner  in  which  census  duties  are  to  be  performed. 

20.  Books,  etc.,  required;  certificates;  receipts. 

21.  Registration;  re-registration. 

22.  Registration. 

23.  Returns  of  census  officers. 

24.  Names;  how  entered;  records;  how  kept. 

25.  Application  for  registry. 
2G.  Oaths  to  be  taken. 

27.  Examinations;  objections;  challenges,  etc. 

28.  Trial  of  right  to  register,  when  refused,  by  arbitration. 

29.  When  elector  accepts  arbitration,  ilecisiou  final. 

30.  Board  of  arbitration  bound,  by  oath,  to  give  fair  hearing  and  decision. 

31.  Persons  whose  names  are  refused,  or  canceled,  may  apply  to  District 

Court  for  writ  of  mandamus  to  compel  their  registration. 


ii  ANALYTICAL  INDEX   TO  LAW. 

PAGK.   SECTION. 

28  3i.    Electors  may  apply  to  said  Court  to  compel  the  cancelation  of  names 

illegally  registered. 

•  <  33.     Particulars  as  to  persons  registered,  to  be  entered. 

"  34.     Certificates. 

"  35.     What  constitutes  residence. 

"  36.     Electoral  year;  registry  for  same. 

'•  37.     Publication  of  registry  tests;  objections  to  be  made  and  heard. 

'•  38.     Publication,  in  municipal  coiporations,  when  their  general  primary  elec- 

tions are  held  previous  to  the  1st  of  May. 

«'  39.     Lists  of  corrections  and  additions  to  be  published  on  the  second  Monday 

of  August;  also,  on  the  third  Monday  previous  to  the  general  final 
election;  further  con-ections  to  be  made. 

"  40.     Objections  to  registry;  how  made  and  tried;  appUcant  may  apply  to  Dis- 

trict Court  to  compel  officers  to  register  him. 

30  41.     Acting  Registers  to  be  appointed  for  each  precinct  for  each   election; 

books,  lists,  etc.,  to  be  furnished. 

««  42.     Certified  alphabetical  hsts  to  be  furnished  each  Collector  and  other  re- 

ceiver of  votes. 

"  43.     Poll  books  to  be  prepared  and  provided  for  each  precinct;  by  whom  used, 

'«  44.     False  swearing  before  election  officers. 

"  45.  .  Transfer  of  registration. 

31  46.     Oath  of  Register  and  Deputy  Registers. 

"  47.     Salary  and  compensatiou  of  Registers.  j 

"  48.     Salary  of  Collectors  and  other  receivers  of  votes. 

"  49.     Salary  of  census  officers  of  the  registry. 

CHAPTER    II. 

ELECTION  PEECINCTS — IXSPECTOES — CLERKS. 
PAGE.  SECTION.  , 

31  1.     Precincts;  how  established;   appointment  and  notification  of  Inspectors*, 

appointment  of  Clerk  of  election. 

32  2.     Penalty  for  faihu-e  of  persons  appointed  as  Inspectors  to  give  notice  of 

non-acceptance;  vacancies  of  Inspectors;  how  filled. 
"  3.     Register,  or  Acting  Regtster,  to   act  as  one   of  the  Clerks  of  election, 

and  as  umpire  in  differences  between  the  Inspectors. 

33  4.     Oath  of  Inspectors  and  Clerk, 

"  5.     By  whom  the  oath  is  administered. 

CHAPTER    III. 

rSITIAL   PUBLIC   ACTION — IXFOEMATIONS  OF   POELIG   ELECTOF.S — EETUENS  OF  SAME. 
PAGE.   SECTION. 

33  1.     Initial  and  intermediary  public  action  declared  subject  to  legal  regulation 

and  control;  to  this  end  provision  is  made  for  gaining  information  as 
to  the  state  of  public  opinion,  etc.,  and  for  primary  as  well  as  for  final 
elections, 
««  2.     Information  as  to  wishes  and  opinions  of  electors;  how  obtained. 

34  3.     How  information  sheets  are  addressed;  notice  of  Registers  to  the  several 


ANALYTICAL   INTJEX   TO   LAW.  iii 

PAGE.  SECTION, 

3-i  3.         electors;  notice  instructs  electors  as  to  their  rights  and  duties  under 

the  law,  and  reqiiests  them: 

First — To  state  their  information  and  opinions  as  to  existing  laws; 

Second — To  recommend  needed  changes  and  amendments; 

Third — To  make  such  expressions  as  they  may  desire  as  to  approval 
or  disapijroval  of  administrative  practices  and  official  conduct; 

Fourth — To  recommend  persons  for  public  office; 

Fifth — To  make  siach  recommendations  as  they  may  desire  as  to  dis- 
placement or  replacement  of  elective  officers,  etc. ;  and 

Sixth — To  return  to  the  Kegisters,  within  a  time  specified,  their  in- 
formation sheets,  properly  filled  out. 

36  4.     Registers   to  pay  charges  for  sending  information  sheets;  information 

blanks  not  delivered  by  post  or  express  to  the  office  within  fifteen  days 
to  be  returned;  receipts  to  be  taken  for  information  sheets  when  de- 
livered ;  Eegisters  may  furnish  to  those  who  have  failed  to  receive  the 
blanks  addressed  to  them  other  blanks. 

"  5.     Summaries  of  the  returns  of  information;  how  made  and  corrected. 

"  6.     Form   of  notice   of  results;  when,   where  and  for  what  time  published; 

electors  notified  that  returns  and  books  of  information  are  ready  for 
examination  and  wanted  to  inspect,  correct  and  verify  the  same;  no- 
tice may  be  varied  as  circumstances  require. 

37  7.     Abstracts  of  retiirns  of  iuformaeion  to  be  sent  by  the  Register  to  County 

Clerk;  Commissioners  of  county  to  canvass  the  returns. 
"  8.     Returns  of  districts  containing  mor ;■  than  one  county;    how  made  up  and 

published ;  returns  ,as  to  State  and  national  officers  and  aff'airs  to  be 
sent  to  the  Secretary  of  State. 

38  9.     Results  of  retui-ns  to  be  published  in  the  county  by  the  Commissioners 

thereof  from  July  22A  to  the  first  Monday  of  September. 
"  10.     Secretary  of  State  to  make  up,  cei-tify  and  pubUsh  returns  of  informa- 

tion as  to  State  and  national  offices,  officers  and  afi'airs. 


[_Chapter  IV  omitted.'] 


CHAPTER    V. 

iNITlAli  AKt)    rSTEEMEDlAEY    PUBLICATION  IN    MTTNlCIPAIi    COEPOBATIONS — PEIMAET   ELEC- 
TIONS  OBJECTS METHODS. 

PAGE.    SECTION. 

38  1.     Returns  of  information  and  primary  elections  in  municipal  corporations; 

general  primary  election;  objects;  to  vote  specifically: 

First — Upon  declarations  as  to  pohtical  i^rinciples,  public  policy  and 

public  afi'airs; 
Second — Upon  propositions  as  to  local  State  and  National  legislation; 
Tliird — Upon  declarations  as  to  administrative  policy  and  practice; 

official  (conduct  and  confidence,  or  want  of  confidence; 
Four  and   Five — For  the  nomination  of  persons  as  candidates  for 

public  office,  including,  in  the  proper  years,  the  office  of  United 

States  Senator,  and  the  offices  of  President  and  Vice  President; 
Sixth — For  the  recommendation  of  persons  for  State  and  National 

offices,  to  be  filled  by  appointment; 


IV  analyticjUI,  index  to  law. 

PAGE.   SECTION. 

38  1.  Seventh — For  jn-oposing  tlio  displacement  of  elective  officers  deemed 

unfit,  luul  the  nominution  of  candidates  to  be  voted  for  at  the  next 
general  linul  election,  to  rejjlace  such  officers. 
"  2.     Fonr  2)lan9  of  voting  for  nomination  for  public  officers  at  primary  elec- 

tions, oi)tioiiul  with  the  electors  of  the  several  political  divisions,  and 
of  the  State. 

39  3.     Electors  may  decide  at  geuei'al  primary  elections  which  plan  they  will 

adopt  and  use;  the  smaller  divisions  conforming  to  the  plan  in  use  in  the 
larger,  in  all  things  on  which  they  act  in  common, 

CHAPTEK    VI. 

GENERAL   FINAL   ELECTIONS— OBJECTS — METHODS. 
PAGE.   SECTION. 

40  1.     A  general  final  election,  to  be  held  each  year,  on  the  nest  Tuesday  after 

the  first  Monday  of  November. 
The  objects  of  this  election  are: 

First — The  election  of  elective  public  officers; 

(Second— Voting  ui^on  Legislative  acts; 

r/iird— Voting  upon  instructions ; 

Fourth — -Voting  ajjproval  or  censure  of  the  local,  State  and  National 

administration,  or  any  part  or  officer  thereof; 
Fifth-^-Y oting  for  candidates  to  replace  elective  officers,  whose  dis- 
placement has  been  legally  proposed, 
««  2.     To  determine  the  nature  and  extent  of  choice  for  public  officers  at  final 

elections;  the  electors  of  the  several  political  divisions  of  the  State,  and 
of  the  whole  State,  may  vote  at  any  general  primary  election  u^wn  either 
of  the  three  following  propositions : 

First — Choice  for  elective  offices  at  final  elections  shall  be  restricted 

only  to  the  persons  legally  qualified  for  such  offices; 
Second — Chdice  at  final  elections  for  each  office  shall  be  confined  to 
the  three  persons  who  received  the  highest  number  of  votes  as  can- 
didates for  the  same,  at  the  last  general  primary  election; 
Third — Siich  choice  shall  be  confined  for  each  office  to  the  two  per- 
sons who  received  the  highest  number  of  votes  as  candidates  for 
the  same  at  the  last  general  primary  election;  the  constitutionality 
of  such  restrictions,  as  to  district  and  State  offices,  to  be  decided 
by  the  Chief  Justice, 

CHAPTER    VII. 

PTTBLICATION   OP  NOTICES   EELATING   TO   GENERAL   ELECTIONS. 
PAGE,   SECTION. 

41  1.     Sixty  days  previous,  and  up  to  the  time  of  each  general  election,  the 

Commissioners  of  the  county  to  publish  notices  of  the  size,  texture 
and  color  of  ballots,  and  of  the  size,  make  and  form  of  voting  envel- 
opes to  be  used  at  such  election, 

««  2,     Notices  of  all  general  elections  are  to  be  published  by  the  Commissioners 

at  least  thirty  days  preceding  the  same;  form  of  notices. 

•'  3.     Notices  of  special  election;  how  given. 

'•  4,     Expenses  of  publishing  notices  to  be  paid  by  the  cotinty. 


A:^.\LYTICAL   rNT)EX   TO    LAW.  V 

CHAPTER    VIII. 

BALLOTS   TO   BE   USED   AT   GENEKAL   PEIMAKY   AND   GENEAL  FINAL   ELECTIONS. 
PAGE.   SECTION. 

42  1.     At  general  primary  elections  there  shall  be  separate  ballots  for  the  fol- 

lowing purjioses : 

First — For  nominations; 

Second — For  displacement  and  replacement; 

Third — For  propositions  as  to  legislation; 

Fourth — For  declarations  as  to  political  principles,  public  policy, 
and  public  affairs. 

Fifth — For  declarations  as  to  administrative  policy  and  practice,  and 
official  conduct  and  confidence  or  want  of  confidence;  declara- 
tions 4  and  5,  when  convenient,  may  be  placed  upon  one  ballot. 

43  2.     At  general  final  elections  there  shall  be  separate  ballots  for  the  following 

purposes : 

First — For  elective  officers; 
Second — Legislative  acts ; 
Third — Instructions ; 

Fourth — Approval  or  censure  of  pubUc  administi-ations,  or  of  official 
conduct. 

CHAPTER     IX. 

EECEIVEES    OF    VOTES COLLECTOKS THEIR    DUTIES. 

PAGE.   SECTION. 

43  1.     These  officers  to  be  appointed  by  Registers;  the  general  duties  of  Re- 

ceivers; times  for  receiving  and  sending,   or  carrying,  and  delivering 
votes;  Collectors  of  votes. 
"  2.     Collectors  to  visit  electors  at  their  residences,  places  of  business,  occupa- 

tion or  resort  to  receive  votes  three  days  preceding  and  on  the  day  of 
election;  selection  of  Collectors;  they  ai-e  required  to  specially  accom- 
modate electors  who  are  closely  engaged  in  reputable  emiiloyments  at 
the  times  and  places  indicated  as  most  convenient  or  agreeable. 

44  3,     Rudeness  or  want  of  proper  attention  to  Collectors  forbidden;  how  pun- 

ished; Collectors  not  requii'ed  to  submit  to  unreasonable  annoyance  or 
delay. 

"  4.     Registry  lists,  books,  receiving  boxes,  etc.,  that  are  to  be  sui^plied  to  Re- 

ceivers; Collectors  to  be  supplied,  also,  with  a  suitable  sack  and  other 
conveniences. 

"  5.     Visits  of  Collectors;  notices  of  same;  how  arranged. 

"  G.     Votes  of  persons  whose  names  are  not  on  certified  registry  lists  not  re- 

ceived;    proviso  as  to  names  omitted. 

45  7.     Name  on  list  prima  facie  evidence  of  right  to  vote;  identity  of  voters 

must  be  established. 
"  8.     Votes;    hovr  received;    name   must  be  on  list;    applicant  may  be  ques- 

tioned, on  oath  or  otherwise,  as  to  his  identity;  he  may  be  required  to 
produce  his  certificate  of  registration,  or  the  testimony  of  two  repu- 
table electoi's,  under  oath,  as  to  his  identity;  receiving  officer  may  still 
refuse  the  applicant  when  ho  still  has  strong  and  reasonable  doubts  on 

14 


Vi  AN.\LTTIC^VL   INDEX   TO   LAW. 

PAGE.    SECTION, 

45  8.        this  point;  the  refused  jjersou  may  ajipeal,  at  the  proper  time,  to  the 

Election  Board. 

"  9.     Ballots  must  be  enclosed  in  a  legal  voting  envelope;  electors  may  get  cer- 

tified duplicates  of  their  ballots;  method  of  delivery  and  receipt  of 
votes. 

4G  10.     Method  of  comparing  and  certifying  duplicates. 

"  11.     Receiving  and  ballot  boxes;  of  what  material;  how  arranged. 

"  12.     Delivery  to  Collectors  of  their  receiving  boxes. 

"  13.     Daily  i-etums  of  Collectors;  delivery  of  them;  receiving  boxes;  method 

of  taking  out,  checking  and  transferring  votes ;  proceeding  when  votes 
of  persons  whose  names  are  checked  by  Collectors  are  not  found,  and 
when  votes  of  persons  whose  names  are  not  checked  by  them,  are 
are  found;  re-delivery  of  receiving  boxes  to  Collectors  on  day  of  elec. 
tion;  Collectors  to  deliver  their  receiving  boxes  to  the  Election  Board 
at  5  p.  M. 

47  14.     Eegisters  and  Acting  Registers  as  Receivers  of  votes;  to  receive  votes  at 

their  offices  during  the  three  days  preceding  a  general  election;  when  a 
person  appUes  to  vote  in  name  already  checked,  or  a  vote  is  delivered 
in  that  name,  the  question  of  identity  must  be  raised  at  once  and  de- 
cided. 

CHAPTER    X. 

rSE     OF    POSTAL,     EXPEESS^     TELEGBAPH,     AND    OTHER    FACILITIES,     AND    OF     PRIVATE    MES- 

SENGEKS. 
PAGE.    SECTION. 

48  1 .     Electors  of  the  several  poUtical  divisions  may  authorize  express,  telegraph 

and  other  companies  to  receive,  transmit  carry  and  deliver  votes ;  also, 
the  use  of  the  postal  facilities  and  private  messengers  for  this  purpose, 

48  2.     How  arrangements  are  to  be  made  with   such  companies  and  notices  pub- 

lished; authorization,  designation,  and  instruction  of  officers  and  em- 
ployees of  such  companies;  notice  to  be  given;  how  they  may  receive 
votes. 

'•  3.     Designation  of  local  operations;  votes  may  be  sent  by  telegi'ax^h  from  any 

part  of  the  United  States. 

"  4,    Telegraph  operatives  and  postal  officers,  before  receiving  a  vote  officially, 

must  see  the  cei-tificate  of  registration;  if  the  person  agrees  with  the 
description,  they  must  so  certify ;  if  the  person  does  not  so  agree,  they 
cannot  legally  receive  his  vote ;  ballots  for  transmission  must  be  pre- 
pared in  duplicate;  how  ballots  may  be  transmitted  by  telegraph; 
sending  operator  to  testify  to  the  identity  of  a  person,  if  he  is  known 
to  the  operator;  if  not,  he  is  to  get  and  send  the  sworn  certificates  of 
two  reputable  citizens  of  the  vicinity  of  the  sending  officer,  known  to 
him,  as  to  identity;  how  votes  and  certificates  are  to  be  received  at  the 
office  of  destination,  and  how  enclosed  and  delivered  to  the  Reg- 
ister, or  Acting  Register;  how  votes  are  to  be  received,  sent,  and  dehv- 
ered  by  post;  votes  may  be  sent  by  telegraph  during  the  four  days  pre- 
ceding, and  up  to  4  o'clock  of  the  day  of  election;  by  i^ost  ten  days 
previous,  and  up  to  the  time  when  they  can  reach  the  Election  Board  by 
noon  of  the  day  of  election;  votes  received  by  telegraph  or  post  may 


ANALYTICAL   INDEX   TO   LAW.  Vll 

PAGE,    SECTION. 

be  withheld  for  doiibts  of  legality,  and  the  question  as  to  this  tried  and 
decided  at  the  proper  time. 

49  5.     Two  methods  ijrovided  for  appointing  and  employing  messengers;   elect- 

ors using  the  facilities  provided  in  this  Chapter  will  do  so  at  their  own 
expense. 

CHAPTER     XI. 

TOTING     AT     THE     POLLS. 
PAGE.   SECTION. 

50  1.     Opening  and  closing  the  polls. 

"  2.     Ballot  box;  how  locked,  kept  and  cared  for. 

"  3.     Poll  books  and  use  of  same;  Insx^ector's  stamp;  by  whom  the  votes  are  to 

be  received;  difierences  of  Inspectors  to  be  refen-ed  for  decision  to  the 
Register,  or  Acting  Piegister;  use  of  books,  photogi'aphs,  etc.,  for  proof 
of  identity. 

51  4.     Arrangement  of  jjoU  books. 

"  5.     How  votes  are  to  be  received  by  the  Receiving  Inspector  and  the  Election 

Board. 

"  6.     Delivery  of  votes  by  electors  at  the  jwUs;    certifying  duplicate  ballots  at 

the  polls. 

<«  7.     Requirements  of  Sections  6,  7,   8,  9  and  10,   Chapter  IX,  of  this  Act,  to 

be  observed  by  Election  Boards;  name  of  applicant  must  be  on  the 
poll  books;  its  presence  there  is  evidence  of  the  right  to  vote:  identity 
may  be  questioned;  applicant  must  answer  truly  as  to  this. 

52  8.     Challenges;  oaths;  proof  of  identity,  etc. 

<'  9.     Closing  the  polls;  disposition  and  care  of  receiving  boxes,  ballot  boxes, 

poll  books,  etc. 

CHAPTER    XII. 

OPENING     EECEIVING     BOXES    ANT)     BALLOT  BOX — TAKING    OUT,     OPENING     AND     CANVASSING 

TOTES. 
PAGE.    SECTION. 

52  1.     Opening   Register's  receiving  box;   taking  out  and  opening  voting  en- 

velopes. 

53  2.     Pasting  ballots  in  ballot  book  and  numbering  ballots. 
"  3.     Calling,  checking,  and  correcting. 

«'  4.     Opening  Collector's  receiving  boxes,  and  proceeding  as  required  in  Sec- 

tions 1,  2  and  3,  of  this  Chapter,  with  a  slight  exception  stated. 

51  5.     Opening  ballot  box  and  proceeding  as  required  in  same  Sections. 

"  G.     Review    and    comparison;    coiTection   when  the  vete  of  a  person  whose 

name  is  checked  is  not  found;  fact  to  be  noted  in  column  for  remarks. 

«'  7.     Duplicate  ballots  in  whole  or  part:  what  is  to  be  done  with  the  same;  ex- 

cess of  persons  voted  for;  when  ballots  are  to  bo  rejected;  if  one  name 
is  printed  and  another  written,  the  printed  name  to  be  rejected;  a 
name  substituted  for  one  printed,  otherwise  than  by  writing  with  ink  or 
2iencil,  to  be  rejected. 

5o  8.     Votes  deemed  by  a  majority  of  the  Election  Board  illegal  must  be  with- 

held. 


PAGE.   E 
55 

ECTIC 
1. 

i< 

2. 

56 

3. 

<i 

4. 

i< 

5. 

57 

6. 

VIU  ,      ANALYTICAL  INDEX   TO   LAW. 

CHAP  TEE     XIII. 

THE       PKELIMINARY      COUNT. 
7. 

Tally  sets,  sheets  or  books  for  insertion  of  copies  of  propositions,  decla- 
rations, instructions,  etc,,  voted  for,  to  be  provided  to  the  Election 
Board;  arrangement  of  the  tally  sets. 

Tallying  the  votes  for  officers. 

Tallying  the  other  ballots;  each  specified  matter  voted  ^^pon  to  be  copied, 
classified,  numbered,  etc. 

Expressions  compared;  differences  noted;  how  tallied. 

Tallying  the  votes  For  and  Against  legislative  acts. 

Addition;  comparison;  correction;  statement  and  certification  of  prelimi- 
nary count. 

CHAPTER    XIV. 

PBOCEEDINGS  OF  ELECTION    BOAED  AFTER  THE     PRELIMINARY     COtTNT — THE   CORRECTED   OF- 
FICIAL    COUNT. 
PAGE.   SECTION. 

57  1.     The  Register,  or  Acting  Register,  and  Clerk,  are  to  copy  from  the  poll 

book: 

First — The  names  of  all  electors  who  failed  to  vote; 

Second — The  names  of  all  electors  whose  names  are  checked,  biit 

whose  votes  are  not  found; 
Third — The  names  of   all  electors  whose  votes  were  withheld  for 

reason  of  illegality; 
Fourth — The  names  of  those  electors  whose  votes,  in  whole  or  part, 
could  not  be  made  out. 
Notices  containing  these  lists  to  be  pubHshed ;  the  first  class  will  be  noti- 
fied that,  if  they  can  show  before  the  Election  Board,  at  a  given  time 
and  place,  that  their  failure  to  vote  was  due  to  criminal  or  illegal  acts 
of  others,  their  votes  ^vill  be  received;  the  second  class  will  be  notified 
that  their  votes  will  be  received;  the  third  class  will  be  notified  that 
evidences  as  to  the  legality  or  illegaUty  of  their  votes  will  be  taken, 
and  all  votes  witlJheld  then  found  legal  will  be  received;  the  fourth 
class  -niU  be  notified  that,  if  they  can  show  that  the  obscurity  or  errors 
were  not  due  to  their  own  unjustifiable  neglect,  or  criminal  or  imj^roper 
intent,  they  will  be  allowed  to  make  proper  corrections,  etc. ;  persons 
who  can  then  prove,  before  the  Election  Board,  that  their  names  were 
on  the  Official  Register,  but  omitted  from  the  hsts,  may  then  vote. 
••  2.     Persons  whose  votes  were  destroyed  by  the  violence  of  others,  or  stolen, 

and  persons  who,  by  violence  or  intimidation,  were  prevented  from 
voting,  can  then  vote. 

58  3.     The  Election  Board  is  to  meet  at  an  appointed  time  and  place  the  next 

day  after  the  completion  of  the  preliminary  count,  when  they  will  hear 
and  decide  questions  as  to  illegality  of  votes,  and  receive  proper  votes, 
before  wrongfully  excluded  or  withheld. 

««  4,     Two  days  after  the  preliminary  count,  or  sooner  if  their  other  business  is 

concluded,  the  Board  shall  meet,  count  the  additional  votes,  make  the 
necessary  corrections,  and  make  out  and  certify  to  the  corrected  or  of- 
ficial count. 


ANALYTICAL   INDEX   TO   LAW.  IX 

PAGE.   SECTION. 

"  5.     A  full  record  is  to  be  kept  by  the  Kegister,  or  Acting  Register,  and  the 

Clerk,  of  aU  proceedings  of  the  Election  Board  after  the  preliminary 
count;  the  two  reports  to  be  compared,  con-ected  and  certified;  all 
these  proceedings,  excepting  those  parts  involviug  a  public  knowledge 
of  persons  or  things  voted  for  by  the  electors,  are  to  be  in  public. 

CHAPTEK     XV. 

CANVASS,    EETUENS  AND  ABSTBACTS  OF     VOTES COMPENSATION     AND    PAYMENT   OF   ELECTION 

OFFICEES COMMISSIONS   AND   CEETIFICATES   OF    ELECTION. 

PAGE.   SECTION. 

58  1.     Abstracts  of  votes  to  be  made  out  by  the  Kegister,  or  Acting  Kegister, 

and  the  Clerk;  forms  of  same. 

60  2.     One  set  of  papers,  books,  and  proceedings,  including  baUot  book,  to  be 

made  up  and  sent  to  the  County  Clerk;  another  set,  except  ballot  book, 
to  be  made  up  and  deposited  in  the  proper  registry  office. 

"  3.     All  but  ballot  book,  tally  sets  and  proceedings  of  the  Election  Board,  to  be 

open  to  public  inspection;  those  in  legal  proceedings  only  on  order  of 
the  Court. 

"  4.     Commmissioners  of   the  county  to  open  returns  and  canvass  the  vote; 

when  a  Commissioner  is  voted  for,  the  District  Judge,  or  Jndges,  or 
some  person  appointed  by  him  or  them;  his  duty  as  to  Commissioners. 

61  5.     Abstracts  of  votes  at  primary  elections  for  the  county;    when  and  how 

made. 

"  6.     Abstracts  of  votes  for  final  elections  for  the  county;  when  and  how  made. 

62  7.     Certificates  of    election  to  members  of  the  Legislature,  district,  county, 

township  and  precinct  officers ;  in  case  of  a  tie,  a  special  election  to  be 
ordered. 

62  8.     Compensation  of  election  officers. 

•'  9.     Certificates   of    amounts  due   them  to  be  given  by  the  County  Clerk; 

amounts  to  be  paid  out  of  the  County  Treasurj\ 

*'  10,     Abstracts  of  the  votes  at  primary  elections  as  to  State  and  national  of- 

fices, officers  and  afi"airs,  to  be  made  and  sent  by  the  Clerk  to  the  Sec- 
retary of  State,  on  or  before  the  10th  of  October;  the  Secretary  of 
State  and  two  Inspectors,  to  be  appointed  by  the  Governor,  to  canvass 
the  votes  and  declare  the  results,  and  publish  the  same  from  the  15th 
of  October  to  the  day  of  the  general  final  election. 

63  11.     Supreme  Judges,  at  the  office  of  the  Secretary  of  State,  to  canvass  the 

returns  of  general  final  elections  for  members  of  Congress,  district  and 
State  officers,  and  legislative  acts  and  expressions  as  to  State  and  na- 
tional afiiiirs. 

"  12.     The  Governor  to  commission  persons  elected  to  these  offices,  and  to  cer- 

tify the  votes  on  legislative  and  such  expressions. 

"  13.     lu  case  of  a  tie  the  Governor  is  to  order  a  new  election. 

*'  14.     Votes  for  President  and  Vice  President,  and  Elec^tors  of  the  same,  to  be 

canvassed  on  the  fourth  Monday  after  the  Presidential  election. 

"  15.     Certificates  and  commissions  are  not  to  be  withheld  on  account  of  mere 

infoi-mality  or  defect  in  returns. 

"  IG.     When  the  returns  of  a  county  arc  not  received  at  the  office  of  the  Secre- 

tary of   State  on  or  before  the  5th  day  of  October,  that  officer  may 


X  ANALYTICAL   INDEX    TO   LAW. 

PAGE.    SECTION. 

send  to  tho  ecniiity  ii  special  mcssengci- for  the  same,  at  its  expense; 
sifter  thirty  days  the  Secretary  of  State  may  certify,  with  State  seal, 
to  the  iiroper  District  Attorney,  snch  omissions  and  failures,  and  this 
shall  lie  taken  as  sufficient  presumptive  evidence  of  the  same. 

'♦  17.     Method  of  detennininp;  and  designating  the  county  to  which  the  returns 

for  the  district  are  to  be  sent;  retiu'us;  how  made,  declared  and  pub- 
lished; certificates  to  district  officers. 

C5  18.     How  retui-us  are  to  be  sent  by  County  Clerks,  when  not  otherwise  di- 

rected. 

CHAPTER    XVI. 

EECOUNT   IN   CEETAIN   CASES — LEGAL   EXAMINATION   AND   COEBECTION     OF    INFOEMATION    AND 

PEIMAEY    ELECTION   EETUENS. 
PAGE.    SECTION. 

65  1.     Eecount  of  votes,  in  certain  cases,  for  county,  township   and    i^recinct 

officers. 
"  2.     Same  on  stipulation  of  parties  to  an  election  contest. 

66  3.     Appointment  by  District  Court,  in  certain  cases,  of  a  legal  commission  to 

examine  and  correct  information  and  primary  election  returns. 

CHAPTER    XVII. 

ELECTION    CONTESTS LEGAL    PEOCEEDINGS   IN    SAME. 

PAGE.   SECTION. 

67  1.     Contested  elections  of  county  and  township  officers;   reasons  to  be   al- 

leged. 

«•  2.     Election  not  to  be  annulled,  unless  the  jn-oved  illegal  votes  change  the 

result  as  to  the  remaining  vote. 

"  3.     Contestant's  statement. 

'«  i.     Allegations  as  to  illegal  votes:  lists  of  same;  evidence  to  be  confined  to 

these;  District  Court  has  original  jurisdiction;  it  may  obtain  all  doc- 
umentary evidence  required. 

68  5.     If  particular  cause  of  contest  is  alleged  with  sufficient  certainty,  it  is  im- 

material as  to  form. 

"  6.     Notice  to  be  given  to  parties  as  to  time  of  hearing  the  case. 

"  7.     Contested  elections  to  have  precedence  in  the  Courts,  in  certain  cases. 

"  8.     Issuance  of  subpoenas;  compulsory  attendance  of  witnessess. 

9.     Certificate  of  election  to  be  given  by  the  County  Clerk  to  the  proper  per- 
son, on  the  certified  judgment  of  the  Court. 

"  10.     Losing  party  to  pay  costs;  Sheriff 's  and  witnesses' fees. 

"  11.     Unless  appeal  is  taken  within  thirty  days  judgment  stands,  but  the  Court 

may  declare  what  person  was  duly  elected,  and  the  Clerk  of  the  j^roper 
county  shall  issue  a  certificate  of  election  to  that  person. 

"  12.     Contest  for  a  District  Judgeship  shall  be  tried  before  the  District  Court 

of  the  nearest  adjoining  district. 
13.     The  District  Attorney  may  bring  action,  in  the  name  of  the  State,  against 
any  person  who  holds  unlawfully  a  public  office  within  this  State;  it 
is  his  duty  to  do  so  when  be  believes  the  office  to  be  unlawfully  held, 
when  so  directed  by  the  Governor. 

"  14.     The  District  Attorney  may  set  forth  the  name  of  the  person  entitled  to 


.\^'.U.YTICAL   rSDEX   TO   LAW.  XI 

PAGE.    SECTION. 

the  office  or  franchise ;   if  proved  that  defendant  has  received  fees  or 

emoluments   by   reason   of  his   usui-pation,  he  may  be  arrested,  as  in 

other  civil  cases. 
C9  15.     The  person  adjudged  entitled  to  the  office  may  recover,  by  action,  the 

damages  consequent  on  the  usurpation. 
"  IG.     One  action  may  be  brought  to  decide  all  conflicting  claims  to  the  same 

office. 

CHAPTER     XYIII. 

CONTESTS   FOE    ilElIBEES    OF    THE    LEGISIATUKE. 
PAGE.    SECTION. 

69  1.     Same  as  52  (old  law),  Act  relating  to  officers,  etc. 

2.  Same  as  53  (old  law),  Act  relating  to  officers,  etc. 

3.  Same  as  54  (old  law).  Act  relating  to  officers,  etc. 

4.  Same  as  55  (old  law),  Act  relating  to  officers,  etc. 

5.  Same  as  5G  (old  law),  Act  relating  to  officers,  etc. 
G.  Same  as  57  (old  law),  Act  relating  to  officers,  etc. 

CHAPTEE     XIX. 

ELECTION    CONTESTS   FOP.    STATE     OITICES. 
PAGE.    SECTION. 

CO  1 .     Eights  of  persons  to  elective  State  offices  may  be  contested  in  the  Su- 

preme Court  by  quahfied  electors;  the  Attorney  General  is  required  to 
prosecute  such  actions  in  the  name  of  the  people. 

CHAPTEE    XX. 

IJEMOVAL    FEOM    OFFICE THKOUGH    THE    COUETS THEOUGH    THE    ACTION   OF   THE    ELECTOES. 

PAGE.    SECTION. 

GO  1.     Unlawful  neglect  or  refusal;   malpractice  and  malfeasance  causes  of  re- 

moval from  office. 

70  2.     On  proper  complaint,   the  Distiict  Judge  shall  cite  the  person  charged 

before  him  on  a  ceiiain  day;  complaint  must  be  heard  within  twenty 

days;  if  sustained,  the  Couil  shall  decree  deprivation  of  office,  "with 

judgment  for  $500  and  costs  for  complainant. 
••  3.     Clerk  of  Court  must  transmit  a  copy  of  the   decree  to  the    Governor 

within  thi-ee  days,  who  shall  appoint,  temporaiily,  a  person  to  fill  the 

office. 
"  4.     An  officer  against  whom  judgment  has  been  rendered  shall  not  hold  his 

office  pending  an  appeal;  but  the  office  shall  be  filled,  as  in  cases  of 

vacancy. 

"  5.     Notices  to  be  published  by  the  Commissioners  of  the  county,  in  their  no- 

tices of  ihe  next  general  final  election,  of  all  majority  votes  at  the  last 
general  inimary  election  i^roposing  the  displacement  of  all  elective 
officers,  and  of  all  votes  for  nominations  to  replace  such  officers  whose 
displacement  has  been  thus  proposed. 

"  G.     Notice  in  same  case  as  to  District  and   State  officers,  to  be  pubUshcd 

by  the  Secretai-y  of  State, 

71  7.     Election  of  persons  to  reiilace  officers  whose  displacement  has  been  thus 

proposed;  when  i^ersons  so  elected  enter  ujjou  their  offices;  length  of 
terms,  etc. 


Xll  ANALYTICAL   INDEX   TO   LAW. 


CHAPTER     XXI. 

PUBLIC    INFOEMATION     AND    EECOMMENDATIONS — KXPRESSIONS    OF     ELECTOK3     AT     PRIMAET 

ELECTIONS INSTKUCTIONS   AT   FINAL    ELECTIONS. 

PAGE.    SECTION. 

71  1.     The  Governor  to  call  the  attention  of  the  Legislature  to  recommenda- 

tions, as  to  State  and  national  affairs,  of  the  electors  in  their  last  re- 
turns of  information. 

"  2.     Also,  to  thtir  i^roposals  and  declarations  made  at  the  last  general  primary 

election. 

"  3.     The  Governor  is  reqiiired  to  call  the  special  attention  of  the  Legislature 

to  each  specific  instruction  voted  by  a  majority  of  the  electors  of  the 
State  at  the  last  general  final  election;  such  instruction,  with  regard  to 
which  the  Legislature  has  constitutional  power  to  act,  is  declared  man- 
datory upon  that  body  by  virtue  of  the  declaration  of  Section  10,  Ar- 
ticle I,  of  the  Constitution  of  the  State  of  Nevada,  as  to  the  right  of 
instruction. 

72  4.     Establishes  a  rule  of  legislation  of  the  Senate  and  the  Assembly,  and 

makes  it  a  requirement  of  law  upon  all  local  legislative  bodies,  after 
official  proof  of  specific  instruction,  to  appoint  a  commission  to  pre- 
pare and  report  the  form  of  an  act  for  carrying  such  instruction  into 
effect;  then  to  enact  jiroper  laws  for  this  purpose. 

"  5.     Specific  instruction  legally  given  by  a  majority  of  the  electors  of  the  dis- 

trict to  a  State  Senator,  or  member  of  the  Assembly,  is  mandatory 
\ipou  these  ofiicers,  when  not  overrtiled  by  subsequent  contrary  in- 
struction by  a  majority  of  the  electors  of  the  State  to  the  Legislature, 

"  6.     When  such  Senator,  or  member  of  the  Assembly,   after  due  and  proper 

notice  and  opportunity,  fails  to  comply  with  such  instruction,  when 
the  same  is  not  overruled  as  stated,  his  office  becomes  vacant;  the 
same  provision  api^lies,  under  like  circumstances,  to  local  legislative 
boards. 

"  7.     The  County  Clerk  who  makes  out  the  returns  of  the  Senatorial  or  As- 

sembly district,  shall  make  out  two  certificates  of  each  specific  instruc- 
tion voted  to  any  State  Senator,  or  member  of  the  Assemblj%  and 
send  one  of  these  certificates  to  the  Senator,  or  member  of  the  As- 
sembly instructed,  and  the  other  to  the  House  of  which  he  is  a  mem- 
ber; the  Journal  Clerk  of  the  proper  House,  immediately  upon  the  re- 
ceipt of  the  certificate,  shall  copy  it  in  his  journal;  if,  after  this,  the 
member  shall  act  in  violation  of  his  instruction,  or  fail  to  act  in  ac- 
cordance therewith,  his  office  shall  cease;  if  he  shall  then  attempt  to 
exercise  it,  he  shall  be  subject  to  punishment,  as  provided  in  Section 
16,  Chapter  XXVIII ;  the  presiding  officer  of  the  i)roper  House  to  no- 
tify the  Governor,  as  in  other  cases  of  vacancy;  provided,  that  such 
member  may  appeal  to  the  House  as  to- the  question  whether  the  in- 
struction was  legally  given. 

73  8.     At  the  request  of  a  Senator,  or  Kepresentative  in  the  Congress  of  the  United 

States ;  or  of  a  State  Senator,  or  member  of  the  Assembly,  the  electors, 
when  returning  their  informations,  or,  at  a  jirimary  election,  may  ex- 
press their  opinions  and  wishes  as  to  specific  matters  of  legislation,  or 
Tote  instructions  as  to  the  same  at  a  final  election,  the  request  is  to  be 
made  and  published  in  the  manner  and  during  the  time  prescribed. 


ANALYTICAL   IXDEX   TO   LAW.  XIU 

PAGE.   SECTION. 

74  9.     Representatives  in  Congress  may  be  instructed  by  a  majority  of  the  elect- 

ors of  their  respective  districts ;  the  Secretary  of  State  to  notify  the 
instructed  member. 

•<  10.     It  is  declared  to  be  the  duty  of  the  Legislature  to  instruct  the  United 

States  Senators  from  this  State,  in  accordance  with  a  request  proposed 
by  a  majority  of  the  electors  at  a  general  primary  election,  and  ap- 
proved by  such  majority,  at  the  next  general  final  election. 

"  11.     In  case  any  Senator  or  Representative   in  Congress  refuses  or  fails  to 

comply  with  such  instruction,  yet  persists  in  holding  his  oflBice,  the 
Governor  is  authorized,  in  the  name  of  the  State  and  in  behalf  of  the 
people  thereof,  to  test  legally  his  right  to  the  olBce;  the  Attorney  Gen- 
eral is  required  to  represent  the  State,  in  behalf  of  the  people  thereof, 
in  all  legal  proceedings  instituted  by  the  Governor  for  this  purpose. 

CHAPTER    XXII. 

POPULAR   SANCTION    OF    LEGISLATIVE    ACTS. 
PAGE.   SECTION. 

75  1.     Provides  for  the  submission   of    legislative   acts  to  the  votes   of    the 

electors. 

««  2.     The  several  counties  and  municipal  corporations,  and  their  several  po- 

litical divisions,  shall  especially  observe  the  requirements  of  Section 
1,  Article  V,  Constitution  of  Nevada,  as  to  general  legislation,  and  the 
declaration  of  Section  10,  Article  I,  as  to  the  right  to  instruct  their 
Representatives. 

««  3.     Official  estimates  to  be  made  of  the  additional  cost,    or  the  saving,  of 

each  Act,  and  published,  for  information  of  the  electors,  with  the  Act. 

«<  ■  4.     Publicatioii  of  legislative  acts. 

76  5.     Submission  of  legislative  acts  to  the  votes  of  the  electors. 

"  6.     "When  an  act  has  been  approved  by  the  votes  of  a  majority  of  the  elect- 

ors, ov  of  the  majority  voting,  and  this  is  officially  ascertained,  it  be- 
comes an  actual  and  effective  law;  official  proclamation  to  be  made  of 
the  results  of  the  votes  upon  legislative  acts. 

CHAPTER    XXIII. 

PRESIDENTIAL       ELECTION. 
PAGE.  SECTION. 

76  1.     Notice  of  the  election  of  Presidential  Electors,   and  of  the  votes  cast  for 

President  and  Vice  President. 

««  2.     When  and  where  Presidential  Electors  shall  convene;  vacancies  in  the 

same;  how  filled. 

76  3.     How  votes  of  Presidential  Electors  are  to  be  cast;  Presidential  Electors 

to  be  instructed  by  law  to  vote  for  President  for  the  jjcrson  who  re- 
ceived the  highest  number  of  votes  in  the  State  for  that  office,  and  for 
Vice  President  for  the  i^erson  who  received  the  highest  number  of 
votes  in  the  State  for  Vice  President;  provided,  both  shall  not  l)e  in- 
habitants of  this  State;  in  case  both  are  inhabitants  of  this  State,  the 
Electors  shall  exclude  one  of  these  persons  from  their  ballots,  and  the 
Electors  are  at  liberty  to  vote  for  any  other  qualified  person  for  the 
office  for  which  the  person  excluded  received  the  highest  number  of 
15 


XIV  ANALYTIC.VL    INDEX    TO   LAW. 

votes;  separate  statements,  or  lists,  as  to  the  votes  for  President  ancl 
Yice  President  to  bo  unidc,  signed  and  sent  to  the  President  of  the 
Senate. 

CHAPTER,  XXIV. 

PUBLIC     MEETINGS     OF     THE    ELECTORS — PROVISION     FOR     PUBLIC     ACTION    ON    SPECIAL    OCCA- 
SIONS,   AND    IN    UNUSUAL    EXIGENCIES. 
PAGE.    SECTION. 

77  1.     Provides  for  such  meetings;  every  elector  of  the  precinct,  or  Registration 

District,  has  an  equal  right  to  participate,  and  an  equal  vote;  such 
meetings  may  be  called: 

First — By   certain  proportional  numbers  of  the  electors; 

Second — By  certain  public  officers; 

Third — By  the  Secretary  of  State,  or  Commissioners  of  the  county. 
"  2.     The  objects  for  which  such  meetings  may  be  called  and  held  are: 

First — Consideration  of  political  principles,  public  policy  and  pub. 
lie  affairs,  and  expression  of  opinion  in  reference  thereto ; 

Second — All  objects  stated,  or  refeiTed  to,  in  Sections  2,  Chapter  IV, 
and  1,  Chapter  V,  of  this  Act;  excejit  nominations,  displacement 
and  rejjlacement; 

Third — PubUc  action  as  to  pending,  or  immediately  necessary  legis- 
lation, and  instruction  of  Bepresentatives,  etc.,  in  reference 
thereto; 

Fourth — Nomination  of    candidates  to  be  voted  for  at  special  elec- 
tions. 
Such  meetings  may  be  convened: 

For  the  first  object — By  a  call  signed  by  not  less  that  one-tenth  in 
number  of  the  electors,  after  three  to  ten  days'  publication  and 
notice; 

For  the  second  named  objects — By  a  call  signed  by  not  less  than  one 
fourth  in  number  of  the  electors;  by  the  Governor,  or  by  the 
County  Commissioners,  according  to  objects  and  circumstances, 
on  five  to  twenty  days'  notice; 

For  the  third  named  objects — By  a  call  signed  by  one  fourth  or  more 
in  number  of  the  electors,  or  by  a  Senator  or  Bejiresentative  in 
Congi-ess,  or  by  a  State  Senator  or  member  of  the  Assembly,  after 
one  to  twenty  days'  notice ; 

For  the  fourth  named  object — On  the  calls  of  the  Secretary  of  State 
and  Commissioners  of  the  county,  or  on  the  call  of  the  Commis- 
sioners alone,  after  not  less  than  five  days'  notice. 

78  3.     In  what  manner  meetings  for  nominations  are  called  by  the  Governor  and 

County  Commissioners;  and  meetings  for  instruction  called  by  Sena- 
tors and  Bepresentatives  in  Congress,  and  by  State  Senators  and  mem- 
bers of  the  Assembly;  calls  by  pnbUc  officers  to  embrace  the  whole 
political  division  concerned,  or  the  whole  State. 

79  4.     The  Register,  or  an  Acting  Begister,  to  be  present  with  a  certified  alpha- 

betical list  of  the  electors;   method  of  entrance  and  identification  of 
electors. 
"  5.     Organization  of  meetings;  Begister,  or  Acting  Begister,  to  act  as  clerk; 

call  to  order;  reading  of  call  of  meeting,  and  further  statement  of  its 
objects;  mles. 

80  G.     Manner  of  voting  at  such  meetings. 


ANAIiTTICAL   INDEX   TO   LAW. 


PAGE.    SECTION. 


"  7.     Numbers  voting  aye  and  no  to  be  recorded;    names  to  be  taken  down  in 

certain  cases;  no  decisive  important  final  action  to  be  taken  unless  a 
majoritj'  of  the  electors  of  the  precinct,  or  district,  concur  therein. 

"  8.  No  legally  authoritative  action  to  be  taken  at  any  meeting  at  which  less 

than  a  majority  of  the  electors  of  the  precinct,  or  district,  are  present; 
the  whole  number  of  electors,  the  nvimber  present  and  acting,  and  the 
numbers  who  vote  aye  and  no,  on  each  question,  shall  be  stated  dis- 
tinctly in  the  official  proceedings  of  each  meeting;  one  copy  of  such 
proceedings  is  to  be  sent  to  the  County  Clerk,  one  furnished  to  each 
newspaper  of  the  vicinity,  and  one  kept  in  the  Registry  office. 

82  9 .     Abstracts  of  proceedings  to  be  made  by  County  Clerk,  returning  County 

Clerk  of  a  district  and  the  Secretary  of  State,  as  the  case  may  require, 
and  published;  certificates  of  instructions  voted  to  be  made,  and  sent 
to  the  proper  officers. 

82  10.     Public  meetings  of  electors  to  nominate  candidates  to  be  voted  for  at 

special  elections ;  how  such  meetings  are  to  be  organized  and  candi- 
dates nominated;  returns  to  be  sent  to  County  Clerk. 

"  11.     County  Clerk  to  make  abstracts  of  returns  and  send  to  the  Clerk  of  the 

proper  county,  if  not  his  own,  in  case  of  district  officers,  or  the  Sec- 
retary of  State  in  case  of  State  officers. 

*'  12.  Telegraph  may  be  used  to  send  brief  abstacts  of  returns,  when  otherwise 

they  cannot  be  made  known  in  time. 

"  13.     The  Register  is   to  appoint,  a  deputy  to  act  as  Register,  at  each  public 

meeting  of  the  electors  of  his  Registration  District  at  which  he  cannot 
attend;  the  Register  is  to  provide  for  public  meetings  of  the  electors 
called  by  public  officers;  the  county  to  pay  the  expense  of  such  meet- 
ings; in  other  cases,  the  expenses  to  be  paid  by  those  who  call  and 
take  part  in  the  meetings. 

83  14.     Joint  jjublic  meetings  of  the  electors  of  adjoining  Registration  Districts. 
"  15.     No  sj^ecial  society  or  party  test  or  subject  to  be  introduced  or  discussed  in 

public  meetings  of  the  electors. 

.      CHAPTER     XXV. 


OATH  AND  BOND  OF  OFFICE. 


PAGE.  SECTION 
83 


1.  Same  as  22,  Act  relating  to  officers,  etc. 

2.  Same  as  23,  Act  relating  to  officers,  etc. 

3.  Same  as  24,  Act  relating  to  officers,  etc. 

4.  Same  as  25,  Act  relating  to  officers,  etc. 

5.  Same  as  26,  Act  relating  to  officers,  etc. 

6.  Same  as  27,  Act  relating  to  officers,  etc. 

7.  Same  as  28,  Act  relating  to  officers,  etc. 

CHAPTER     XXVI 


COMMISSIONS   AND   CEETEPICATES. 
PAGE.   SECTION. 

83  1.     Same  as  29,  Act  relating  to  officers,  etc. 

"  2.     Same  us  30,  Act  relating  to  officers,  etc. 


XVi  ANALYTICAL   INDEX    TO   LAW. 

PAGE.    SECTION. 

"  3.     Same  as  31,  Act  relating  to  officers,  etc. 

"  4.     Same  as  32,  Act  relating  to  officers,  etc. 

CHAPTER    XXVII. 

RESI a NATION  S — V  ACANCIE8. 
PAGE.   SECTION. 

84  1.  Same  as  34,  Act  relating  to  officers;  resignations. 

"  2,  Same  as  35,  Act  relating  to  officers;  resignations. 

"  3.  In -wliat  events  vacancies  occur  (changed  from  old  Act.) 

"  4.  Same  as  3G,  Act  relating  to  officers,  etc.;  vacancies. 

"  5.  Same  as  37,  Act  relating  to  officers,  etc.;  vacancies. 

"  6.  Same  as  38,  Act  relating  to  officers,  etc.;  vacancies. 

"  7.  Same  as  39,  Act  relating  to  officers,  etc.;  vacancies. 

"  8.  Same  as  40,  Act  relating  to  supplying  vacancies. 

"  9.  Same  as  41,  Act  relating  to  supplying  vacancies. 

"  10.  Same  as  42,  Act  relating  to  supplying  vacancies. 

"  11.  Same  as  43,  Act  relating  to  supplying  vacancies. 

♦'  12.  Same  as  44,  Act  relating  to  supplying  vacancies. 

"  13.  Same  as  45,  Act  relating  to  suiifdying  vacancies. 

"  14.  Same  as  4G,  Act  relating  to  supplying  vacancies. 

"  15.  Same  as  47,  Act  relating  to  supplying  vacancies, 

"  ^  16.  Same  as  48,  Act  relating  to  supplying  vacancies. 

"  17.  Same  as  49,  Act  relating  to  supplying  vacancies. 

CHAPTER     XXVIII. 

CRIMES  AND  MISDEMEANORS   CONNECTED   WITH   REGISTRATION — INITIAL    AND     INTERMEDIARY 

PUBLIC    ACTION    AND    ELECTIONS PUNISHMENTS. 

PAGE.   SECTION. 

84  1.     For  rudeness  and  discourtesy  of  election  officers,  and  for  causing  electors 

undue  trouble  and  expense. 
"  2.     For  refusal  of  an  applicant  to  be  sworn  and  answer;  touching  his  right  to 

register  or  vote. 

85  3.     For  offering  or  accepting  a  bet,  wager,  or  chance  on  elections. 

"  4.     For  willful  neglect,  or  fraudulent  or  corrupt  conduct  of  the  Secretary  of 

State,  Registers  and  other  public  officers. 
"  5.     For  willful  neglect  of  duties  prescribed  by  this  Act;  fraudulent  acts,  etc. 

'«  6.     For  the  use  of  force,  threats,  or  other  corrupt  means  to  control  or  im- 

properly influence  electors  in  making  and  returning  informations;  and 
for  falsehood,  deceit,  etc.,  in  reference  thereto,  or  making  or  present- 
ing a  false  or  forged  information. 

«•  7.     For  bribery,  or  offering  to  bribe,  any  officer  or  member  of  a  caucus  politi- 

cal convention,  public  meeting  of  the  electors,  or  meeting  of  the 
peoi:)le,  or  any  elector  at  a  primaiy  election,  or  political  gathering  of 
any  kind,  etc. 

86  .  8.     For  entertainment  of  electors  with  a  view  to  influence  their  political  ac- 

tion, and  for  false  reiDresentation  of  the  character  of  party  or  other 
exclusive  meetings. 


ANALTTIC.U^   INDEX   TO   LAW.  XVll 

PAGE.   SECTION. 

"  9.     For  promising  uiDpointments  as  an  inducement  for  any  person  to  aid  the 

nomination  or  election  of  any  person  or  candidate. 

"  10.     For  fraudulent  registration  and  voting,  false  erasures  and  entries,  adding, 

abstracting,  or  changing  ballots ;  destroying  or  carrying  away  from  the 
Register's  office  any  book,  record,  or  document,  or  destroying  or  carry- 
ing away  any  ballot  book,  receiving  bos  or  ballot  box,  tally  sheet  or 
other  i:)ai3er,  with  wi-ongful  intent,  etc. ;  and  for  improper  interference 
with  electors  or  election  officers. 

87  11.     For  attempting  to  register  or  vote  fraudulently;  counseling  or  assisting 

the  same. 

"  12.     For  attempt,  by  election  officers,  to  open  voting  envelopes  or  ballots,  for 

the  purpose  of  finding  out  the  name  of  any  person,  or  to  find  out  any- 
thing voted  for,  except  legally  in  the  performance  of  his  duties;  and 
for  the  disclosure,  except  in  the  same  manner,  by  an  officer  of  elec- 
tions of  the  name  of  any  person  voted  for,  or  anything  voted  for  by  an 
elector,  which  became  known  to  siich  officer  in  the  performance  of  his 
legal  duties. 

««  13.     To  any  person  who,  by  force,  throats,  bribery,  deceit,  etc.,  tries  to  con- 

trol or  influence  an  elector  in  voting,  or  causes  him  to  vote  for  a  dif- 
ferent person,  pmrpose  or  measure,  than  that  for  which  he  intended  or 
desired  to  vote;  or,  being  an  election  officer,  induces,  or  attempts  to 
induce,  by  menace,  reward  or  promise,  an  elector  to  vote  differently 
from  what  he  intended  or  desired  to  vote ;  or  to  any  person  who  at- 
tempts to  control,  or  improperly  influence  an  elector  or  public  officer 
in  the  exercise  of  his  political  and  legal  rights,  or  in  the  performance 
of  such  duties  by  promises  of  the  favor  or  support,  or  threats  of  the 
disfavor  or  opposition  of  any  person,  coterie,  special  society,  political 
club,  or  political  party,  etc.  ' 

««  14.     For  forging  registration  Usts  or  papers  or  election  returns,  or  substituting 

false  for  true. 

"  15.     To  Collectors,  and  other  Receivers  of  votes,  for  breach   of  tnist,  in  the 

reception,  care  and  deUveiy  of  votes,  or  on  the  keeping  or  use  of  any 
book,  paper,  or  record  connected  with  his  official  duties,  etc. 

"  16.     For  continuing  in  an  office,  knowing  it  to  be  legally  vacant. 

"  17.     For  selling  or  giving  away,   etc.,   spirituous,   malt  or  fermented  liquors  or 

■wines  on  the  day  of  an  election. 

89  18.     Rewards  to  be  offered  by  the  Governor  for  the  aiTest  and  conviction  of 

persons  violating  the  provisions  of  this  Act  in  regard  to  registration, 
informations,  elections,  etc. 

CHAPTER    XXIX. 

CEIMINAL,   ACTION   FOK    MISCONDUCT   IN   OFFICE. 
PAGE.   SECTION. 

89  1.  Same  as  G3,  Act  relating  to  elections. 

«•  2.  Same  as  G4,  Act  relating  to  elections. 

«'  3.  Same  as  G5,  Act  relating  to  elections. 

«'  4.  Same  as  66,  Act  relating  to  elections. 

"  5.  Same  as  67,  Act  relating  to  elections. 

«'  6.  Same  as  68,  Act  relating  to  elections. 


XVUl  -  ANALYTICAL   INDEX   TO   LAW. 

PAGE.  SECTION. 

"  7.  Same  as  GO,  Act  relatixig  to  elections. 

"  8.  Same  as  70,  Act  relating  to  elections. 

"  9.  Same  as  71,  Act  relating  to  elections. 

"  10.  Same  as  72,  Act  relating  to  elections. 

CHAPTEE    XXX. 

IMPEACHMENT. 
PAGE.    SECTION. 

89  1.  Same  as  7o,  Act  relating  to  elections. 

2.  Same  as  7i,  Act  relating  to  elections. 

3.  Same  as  75,  Act  relating  to  elections, 

4.  Same  as  7G,  Act  relating  to  elections. 

5.  Same  as  77,  Act  relating  to  elections. 
G.  Same  as  78,  Actrelating  to  elections. 

7.  Same  as  79,  Act  relating  to  elections. 

8.  Same  as  80,  Act  relating  to  elections. 

9.  Same  as  81,  Act  relating  to  elections. 
10.  Same  as  82,  Act  relating  to  elections. 

CHAPTER    XXXI. 

DISTRIBUTION   OF   THIS     ACT — EXHIBITION   OF   BALLOTS   WITHIN     100   FEET   OF  THE    POLLING 
PLACES   FORBIDDEN PRESERVATION    OP    ORDER    AT    ELECTIONS,    ETC. 

PAGE,    SECTION. 

89  1.     PamjAlet  cojoies  of  this  Act  to  be  furnished  by  the  Secretary  of  State 

for  each  Registration  District  and  voting  precinct. 

90  2.     No  ticket,   ballot,   or  voting  envelope  to   be  opened  or  exhibited  within 

one  hundred  feet  of  the  polls. 
"  3.     Deputies  may  be  appointed  by  Sheriffs  to  sei-ve  at  election  precincts;  in 

default  of  these  Justices  may  appoint  peace  officers. 

CHAPTER     XXXII. 

ENCOURAGEMENT   OF     PRACTICAL     IMPROVEMENTS     IN     THE     WORKING     OF   POPULAR    GOVERN- 
MENT  PRIZES   AND    BIEDALS   TO    BE    OFFERED   AND   AWARDED. 

PAGE.    SECTION. 

90  1.     Prizes  authorized  to  be  given  for  improvements  in  the  practical  working 

of  popular  government. 
"  2.     The  Governor,    Chief    Justice  and  Supreme  Judges  the   Committee   of 

Award;  public  notices  to  be  given;   rules  to  be  observed  on  making 
awards;  testimonial. 

91  3.     Medals  to  be  procured  by  the  Secretary  of  State  at  public  cost;  warrant 

of  State  Controller  for  the  amoiint  of  gold  coin  awarded,  to  be  given 
and  handed,  or  sent,  to  the  person  to  whom  the  iDiize  is  awarded. 

CHAPTER    XXXIII. 

REPEAL. 
PAGE.   SECTION. 

"  1.     Repeal  of  "Act  Relative  to  Elections,"  approved  March  12th,  1873. 

"  2.     Repeal  cf  Sections  1  to  17,  inclusive,  22  to  49,  inclusive,  and  Sections 

58,  59  and  GO  of  "Act  Relating  to  Officers,"  etc.,  approved  March  9th, 

18GG. 


ANALYTICAL    IXDEX    TO    LAW.  xix 

PAGE.   SECTION. 

".  3.     Kepeal  of  "  An  Act  to  Provide  for  Eegistration, "  etc.,  approved  March 

5th,  18G9. 

CONSTITUTIONALITY    OF    PKOPOSED    ACT. 

Pages  91  to  94,  inclusive, 


AKTICLE      XYIII. 

PKOPOSED   AMENDMENTS    TO    THE    CONSTITUTION    OF    THE    STATE    OF    NEVADA. 
PAGE.    SECTION. 

94  1.     The  word    "  election, "  in  provisions  heretofore  adopted,  to  be  construed 

to  mean  final  election. 

"  2.     For  gaining  information  from  electors. 

95  3.     Pro%ddes  for  primary  elections. 

"  4.     Extent  of  choice  at  inimary  and  final  elections. 

"  5.     Provides  that  persons  may  be  chosen  to   office  by  three  foiu'ths  of  the 

electors  in  their  returns  of  information,  and  by  two  thirds  of  the  elect- 
ors at  primary  elections. 

"  G.     Provides  for  the  displacement  and   replacement  by  electors  of  elective 

officers. 

96  7.     Provides  for  instruction  by  the  electors  to  the  Legislature,  and  local  leg- 

islative bodies. 

"  8.     Provides  for  instruction  of  indiAddual  Senators  and  members  of  the  As- 

sembler by  their  constituents. 

97  9 .     Provides  for  popular  sanction  of  legislative  acts. 

"  10-     Special  legislation  within  the  pro\'ince  of  a  general  law,  sanctioned  bv 

the  votes  of  the  electors,  prohibited. 
"  11.     Provides  for  instruction  to  Senators  and  Representatives  in  Couwress. 

98  12.     Provides  for  recommendation  in  returns  of  information  and  nomination 

at  primary  elections  of  persons  for  the  offices  of  President  and  Vice 

President,  and  for  the  instruction  of  the  Presidential  Electors  chosen 

by  the  electors  of  this  State . 
"  13.     Provides  for  Eegistration  Districts  and  Eegisters  of  election. 

"  14.     Provides  for  irablic  meetings  of  the  electors. 

"  15.     Amends  Section  1,  Ai-ticle  II,  as  to  "Eight  of  SuiTrage, "  so  as  to  read  in 

the  first  line,  "Every  citizen  of  the  United  States,"  etc. 


1«- 


*  9  29      6 


UNIVERSITY  OF  CALIFORNIA,  LOS  ANGELES 

THE  UNIVERSITY  LIBRARY 

This  book  is  DUE  on  the  last  date  stamped  below 


MAR  1  9  1953 


JUH 


01   AU(5 


AUG  201968 


JOj    FEB  2  6  1988 
FEB2S1988 


m  L-9 
-2,'43(5205) 


18\958 


30 


.OWiViiKh: 


M  !FOJ 


246       Riley  - 


Tl4"5p     Popular 

government » 


3  1158  01242  c 
AA    000  814  419    8 


